[Adopted 6-21-1996 by Ord. No. 308 (Ch.
175, Art. X, of the 1992 Code)]
For the purposes of the article, the following
terms, phrases, words and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular and words in the singular number include the plural.
The word "shall" is always mandatory and not merely directory.
The Town of Bethany Beach, Delaware, with administrative
offices at 214 Garfield Parkway, Bethany Beach, Delaware 19930.
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, a fire, natural disaster or automobile accident or any
situation requiring immediate action to prevent serious bodily injury
or loss of life.
Any unemancipated person under the age of 18 or, in equivalent
phrasing often herein employed, any person 17 or less years of age.
Any person having legal custody of a juvenile as a natural
or adoptive parent, as a legal guardian, as a person who stands in
loco parentis or as a person to whom legal custody has been given
by court order.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, the public
beach, jetties, wharfs, docks, boardwalk, streets, alleys, sidewalks,
parking lots, common areas of churches and condominiums, restaurants,
shops, cafes, arcades and similar areas that are open to the use of
the public. As a type of "public place," a street is a way or place,
of whatever nature, open to the use of the public as a matter of right
for purposes of vehicular travel or, in the case of a sidewalk thereof,
for pedestrian travel. "Street" includes that legal right-of-way,
including but not limited to the cartway of traffic lanes, the curb,
the sidewalks, whether paved or unpaved, and any grass plots or other
grounds found within the legal right-of-way of a street.
To loiter, idle, wander, stroll, play, stay behind, tarry
or stay unnecessarily in a public place, including the congregating
of groups (or of interacting minors) totaling four or more persons
in which any juvenile involved would not be using the streets for
ordinary or serious purposes such as mere passage or going home, or
to fail to leave the premises of an establishment when requested to
do so by a police officer or the operator of an establishment. To
implement this provision with additional precision and precaution,
numerous exceptions are expressly defined in this article.
As referred to herein is based upon the prevailing standard
of time, whether Eastern standard time or Eastern daylight saving
time, generally observed at that hour by the public in the Town; prima
facie the time then observed in the Town administrative offices and
police station.
Continues from one birthday, such as the seventeenth to (but
not including the day of) the next, such as the eighteenth birthday,
making it clear that 17 or less years of age is herein treated as
equivalent to phrase "under 18 years of age," the latter phrase in
practice, unfortunately, having confused a number of persons into
the mistaken thought that eighteen-year-olds might be involved. Similarly,
for example, "11 or less years of age" means under 12 years of age.
[Amended 7-16-2021 by Ord. No. 553]
Between May 1 to September 30, inclusive, of
each year, it shall be unlawful for any person 17 years or less of
age (under 18) to be or remain in or upon a public place within the
Town of Bethany Beach during the period beginning at 11:00 p.m. and
ending at 5:00 a.m.
The following shall constitute valid exceptions
to the operation of this article:
A.
Accompanied by parent. When a juvenile is accompanied
by a parent of such juvenile.
B.
Accompanied by authorized adult. When a juvenile is
accompanied by an adult authorized by a parent of such juvenile to
take said parent's place in accompanying said juvenile for a designated
period of time and purpose within a specified area.
C.
Errand directed by parent. When the juvenile is on
an errand as directed by his/her parent.
D.
Emergency. When a juvenile is involved in or assisting
in an emergency, including, by way of example and not in limitation,
responding as a member of a volunteer fire company to a fire company
or paramedic call.
E.
First Amendment rights. When a juvenile is exercising
First Amendment rights protected by the United States Constitution,
such as the free exercise of religion, freedom of speech and the right
of assembly.
F.
Reasonable necessity. In case of reasonable necessity
for the juvenile remaining in a public place but only after the juvenile's
parent has communicated to the Chief of Police or the person designated
by the Chief of Police to receive such notifications the facts establishing
the reasonable necessity relating to a specified public place at a
designated time for a described purpose, including points of origin
and destination. A copy of the communication, or of the police record
thereof, duly certified by the Chief of Police to be correct, with
an appropriate notation of the time it was received and of the names
and addresses of the parent and juvenile shall be admissible evidence.
G.
On own or neighbor's property. When a juvenile is
on the sidewalk or property where the juvenile resides or on either
side of or across the street from the place where the juvenile resides
and the adult owner or resident of that property has given permission
for the juvenile to be there.
H.
Attending and returning home within one hour of official
activity. When a juvenile is attending or is returning home by a direct
route (without any unnecessary stop or detour) from and within one
hour of any religious, recreational or other organized activity supervised
by adults, sponsored by the Town, a recognized charitable, benevolent
or civic association or a similar entity that takes responsibility
for the minor.
I.
Employment necessity. When the juvenile is legally
employed, going to or returning home from employment.
J.
Interstate or intrastate travel. When the juvenile
is, with parental consent, in a motor vehicle, engaged in normal interstate
or intrastate travel through the Town or originating or terminating
in the Town.
K.
Married. When the juvenile is married or has been
married pursuant to state law.
A.
The foregoing exceptions to the operation of this
article shall act only to create a waiver of enforcement and affirmative
defense(s) to such enforcement. By authorizing such exceptions, neither
the Town nor any member of the Police Department shall assume any
affirmative obligation or duty to supervise the well-being of any
juvenile acting pursuant to such authorized exception.
B.
It shall be unlawful for a parent having legal custody
of a juvenile knowingly to permit or by inefficient control to allow
the juvenile to remain in any Town public place under circumstances
not constituting an exception to, or otherwise beyond the scope of,
this article. The term "knowingly" includes knowledge that a parent
should reasonably be expected to have concerning the whereabouts of
a juvenile in that parent's legal custody. This requirement is intended
to hold a neglectful or careless parent up to a reasonable community
standard of parental responsibility through an objective test. It
shall, therefore, be no defense that a parent was completely indifferent
to the activities or conduct or whereabouts of such juvenile.
A.
If a police officer reasonably believes that a juvenile
is in a public place in violation of this article, the officer shall
require the juvenile to provide his or her name, address and telephone
number and how to contact his or her parent or guardian. No juvenile
shall be issued a citation or taken into custody for a violation of
this article unless the police officer first affords that minor an
opportunity to explain his or her conduct. In determining the age
of the juvenile and in the absence of convincing evidence such as
a birth certificate or driver's license, a police officer shall use
his or her best judgment in determining age.
B.
If the police officer reasonably concludes that the juvenile is in violation of this article, the officer may, depending upon the circumstances (e.g., age of the juvenile, hour of night, juvenile's means of transportation, juvenile's physical condition and whether parents could be reached) take the juvenile into custody pursuant to 10 Del. C. § 1004 or issue the juvenile a citation charging him or her with a violation of this article and order the juvenile to go promptly home. If the juvenile is issued a citation, the Chief of Police shall send the parent or guardian of the juvenile written notice of the violation as set out in Subsection E hereof.
C.
Notwithstanding Subsection B of this section, when a police officer has reasonable grounds to believe that the juvenile has engaged in delinquent conduct, the procedure shall then be to take the juvenile to the police station, where a parent or guardian shall immediately be notified to come for the juvenile, whereupon the parent or guardian and the juvenile shall be questioned. This is intended to permit ascertainment, under constitutional safeguards, of relevant facts and to centralize responsibility in the person designated there and then on duty for accurate, effective, fair, impartial and uniform enforcement and recording, thus making available experienced personnel and access to information and records.
D.
When a parent or guardian, immediately called, has
come to take charge of the juvenile, and the appropriate information
has been recorded, the juvenile shall be released to the custody of
such parent. If the parent cannot be located or fails to take charge
of the juvenile, then the juvenile shall be released to the juvenile
authorities, except to the extent that in accordance with police regulations,
approved in advance by juvenile authorities, the juvenile may temporarily
be entrusted to an adult, neighbor or other person who will on behalf
of a parent or guardian assume the responsibility of caring for the
juvenile pending the availability or arrival of a parent or guardian.
E.
In the case of a first violation of this article by
a juvenile, the Chief of Police shall cause notice to be given to
the parent of such minor. Such notice shall be given by either personal
delivery thereof to the parent or by deposit of such notice in the
United States mail in an envelope with postage prepaid addressed to
such parent at his or her address as shown by records of the Police
Department, including information obtained from the Delaware State
Motor Vehicle Division. The giving of notice by mail is complete upon
the expiration of four days after such deposit of such notice. Proof
of the giving of notice by personal delivery or by mail may be made
by the certificate of any officer or employee of the Police Department
or by affidavit of any person over the age of 18 years naming the
person to whom such notice was given and specifying the time, place
and manner of the giving of such notice. Such notice shall contain
a warning that any subsequent violation of this article by the minor
will result in full enforcement of this article, including enforcement
of parental responsibility and of applicable penalties.
A.
Parents.
(1)
If, after the warning notice given pursuant to § 282-20 of a first violation by a juvenile, a parent violates § 282-20 (in connection with a second violation by the juvenile), this shall be treated as a first offense by the parent. Any parent convicted of violating § 282-19 shall pay such fines as set out in Chapter 1, General Provisions, Article I, Penalties.
[Amended 2-17-2006 by Ord. No. 407]
(2)
The parent or legal guardian having custody of a juvenile
subject to this section shall be liable for all costs incurred by
the Town for providing personnel to remain in the company of a juvenile
who has been detained as a curfew violator if the parent or guardian
does not pick up the juvenile within one hour after receiving notice
from the Town that the Town is detaining the juvenile for a curfew
violation. The amount to be paid by the parent or guardian shall be
based on the hourly wage of the Town employee who is assigned to remain
with the juvenile, plus the cost of benefits for that employee.
(3)
The parent or legal guardian having custody of a juvenile
subject to this section shall be liable for any fine or condition
of restitution or reparation imposed by a court upon a curfew violator,
provided that the curfew violator has not paid the fine or made restitution
or reparation within the time ordered by the court, and further provided
that the parent or legal guardian has been made a party defendant
in all enforcement proceedings against the curfew violator and shall
be served with all citations, summons, complaints, notices and other
documents required to be served on the curfew violator defendant.
B.
False certification. Any parent convicted of knowingly providing any false authorization, information or certification, written or verbal, to the Town Police Department in violation of § 282-19C shall pay such fines as set out in Chapter 1, General Provisions, Article I, Penalties.
[Amended 2-17-2006 by Ord. No. 407]
The Town Council does not intend a result through
the enforcement of this article that is absurd, impossible of execution
or unreasonable. The Council intends that this article be held inapplicable
in such cases, if any, where its application would be unconstitutional
under the Constitution of the State of Delaware or the Constitution
of the United States of America.
Notice of the existence of this article and
of the curfew regulations established by it shall be posted in, on
or about such public or quasi-public places as may be determined by
the Town Manager, Mayor or the Police Department in order that the
public may be constantly informed of the existence of this article
and its regulations.
This article shall take effect on July 3, 1996,
being at least seven days after publication and posting of the title,
synopsis and effective date hereof.
