[HISTORY: Adopted by the Town Meeting of the Town of Orange 5-2-2005
ATM, Art. 11, approved 8-4-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Sale of tobacco products to minors — See Ch. 282.
Persons under 17 years of age shall not remain in a public place or
establishment or on a public way from 11:00 p.m. until 6:00 a.m. on weeknights
and from 12:00 midnight until 6:00 a.m. on weekends.
[1]
Editor's Note: This section, as adopted at Town meeting, stated that
persons under 17 years of age, shall not "loiter or remain" in a public place.
The Attorney General disapproved the prohibition against loitering as being
unconstitutionally vague.
As used in this chapter, the following terms shall have the meanings
indicated:
Any privately owned place of business operated for a profit to which
the public is invited, including but not limited to any place of amusement
or entertainment.
Any place to which the public or a substantial group of the public
has access and includes streets, highways and the common areas of schools,
hospitals, apartment houses, office buildings, transport facilities and shops.
The provisions of this chapter do not apply to:
A.
Persons under the age of 17 who are married or who have
had the status of minority removed by law.
B.
Persons under the age of 17 accompanied by a parent or
guardian or who are on an errand for a parent or guardian or under a controlled
supervised activity with prenotification to the Police Department of the activity.
C.
Persons under the age of 17 if they are in a motor vehicle
traveling to or from a place of employment or if they are involved in employment-related
activities.
D.
Persons under the age of 17 who are attending or going
to or from school, religious or civic organizational functions or who are
exercising their First Amendment speech and associational rights in a peaceful
manner.
E.
Persons under the age of 17 who are engaged in interstate
or intercity travel.
F.
Persons under the age of 17 who are on a sidewalk in
front of the minor's home or the home of a neighbor wherein the neighbor knows
of and has no concerns with said persons remaining in front of the house involved.
G.
Persons under the age of 17 who are moving about during
curfew hours due to an emergency that can be verified.
“Parent” includes a person who is a natural parent, adoptive
parent or stepparent of another person, as well as those persons who are at
least 18 years of age and who are authorized by a parent or guardian to have
care and custody of a minor.
A.
Police officers are to ask and verify, where possible,
the age of any apparent offender and are to inquire into the reasons for being
in a public place during curfew hours. A police officer may issue a citation
or arrest an apparent offender only if the officer reasonably believes that
the person has violated this chapter and that none of the exceptions listed
herein is applicable. If a person is convicted for a violation of this chapter,
he/she shall be subject to a fine not to exceed $300 for each separate offense.
B.
A parent or guardian of a minor or an owner, operator
or employee of a business establishment is also subject to a fine not to exceed
$300 if he or she knowingly permits or, by insufficient control, allows a
minor to remain in any public place or on the premises of any establishment
during curfew hours.
[1]
Editor's Note: This section, as adopted at Town meeting, provided
for fines not to exceed $500. The Attorney General disapproved any text allowing
a fine in excess of $300 in violation of MGL c.40, § 21.
The purpose of this chapter is to increase juvenile safety and to decrease
juvenile crime.
