City of Hagerstown, MD
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Hagerstown 10-28-2003 by Ord. No. 2003-37.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Civil emergency — See Ch. 76.
Loitering — See Ch. 142.
Noise — See Ch. 155.
Peace and good order — See Ch. 173.
[1]
Editor's Note: This ordinance also repealed former Ch. 79, Curfew for Juveniles, adopted 9-26-1995 by Ord. No. 1995-31.

§ 79-1 Definitions.

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein.
CITY
The City of Hagerstown, Maryland, with administrative offices at 1 East Franklin Street, City Hall, Hagerstown, Maryland 21740.
EMERGENCY
An unforeseen circumstance or combination of circumstances that requires immediate action. This term includes but is not limited to a fire, natural disaster, automobile accident or any situation requiring immediate action to prevent serious bodily injury, loss of life or extensive property damage.
JUVENILE
For the purposes of this chapter, a juvenile is any unmarried, unemancipated person under 17 years of age.
[Amended 10-28-2014 by Ord. No. O-14-21]
PARENT
Any person having legal custody of a juvenile as a natural step or adoptive parent, a legal guardian, a person over the age of 18 who stands in loco parentis or a person to whom legal custody has been given by court order.
PUBLIC PLACE
Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, sidewalks, alleys, common areas of schools, shopping centers, parking lots, playgrounds, transportation facilities, theaters, restaurants, shops, bowling alleys, taverns, cafes, arcades and similar areas that are open to the use of the public.

§ 79-2 Curfew for juveniles.

[Amended 10-28-2014 by Ord. No. O-14-21]
It shall be unlawful, unless otherwise provided herein, for any juvenile to be or remain in or upon a public place within the City of Hagerstown during the following periods:
A. 
10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 5:00 a.m. of the following day; and
B. 
11:00 p.m. on any Friday or Saturday until 5:00 a.m. the following day.

§ 79-3 Exceptions and defenses.

The following shall constitute valid exceptions and defenses to the operation of this chapter:
A. 
When a juvenile is accompanied by the juvenile's parent.
B. 
When a juvenile is attending or returning home by a direct route without any unnecessary detour or stop from a City event, a school activity or an activity of a religious or civic organization, or of a place of public entertainment, such as a movie, play or sporting event.
C. 
When the juvenile is engaged in a legal employment activity or is returning from or going to his or her place of employment by a direct route.
D. 
When a juvenile, with consent of his or her parent, is engaged in interstate travel through the City, or beginning or ending in the City.
E. 
When a juvenile is on the property where the juvenile resides, or on the sidewalk abutting the juvenile's residence.
F. 
When a juvenile is exercising his or her First Amendment rights protected by the United States Constitution, including the rights of freedom of speech, assembly and the exercise of religion, after providing the Chief of Police with advance written notice of the time, place and manner of the exercise of such rights, signed by the juvenile and his or her parent.
G. 
In case of an emergency.

§ 79-4 Parent responsibility.

It shall be unlawful for a parent or guardian having legal custody of a juvenile to knowingly permit the juvenile to remain in any public place in violation of § 79-2 hereof. The term "knowingly" includes actual knowledge and knowledge that a parent should reasonably be expected to have concerning the whereabouts of a juvenile in that parent's care and custody.

§ 79-5 Violations and penalties.

A. 
Any juvenile who shall violate any of the provisions of this chapter may be charged with having committed a misdemeanor, punishable by a fine not to exceed $500, and be prosecuted in accordance with Maryland Law.
[Amended 9-15-2015 by Ord. No. O-15-24]
B. 
Any individual who violates § 79-4 hereof shall be guilty of a municipal infraction and shall be subject to a fine in the following prepayable amount:
[Amended 10-28-2014 by Ord. No. O-14-21]
(1) 
First offense: written warning.
(2) 
Second offense: fine of $100.
(3) 
Third offense: fine of $250.
(4) 
Fourth or subsequent offense: fine of $500.