[HISTORY: Adopted by the Common Council of the City of Burlington by Ord. No. 14-1993 (Ch. 9.12 of the 1996 Municipal Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A person, other than a parent, to whom legal custody of a juvenile has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile.
- Any person who has not attained the age of 18 years.
- The natural or adoptive parent of the juvenile.
- PUBLIC PLACE
- Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area.
- To stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups or of interacting juveniles totalling four or more persons in which any juvenile involved is not using the streets for ordinary or serious purposes such as mere passage or going home.
The juvenile curfew shall be in effect between the hours of 10:00 p.m. and 6:00 a.m. of the following day. It is unlawful for any juvenile under the age of 18 years to be or remain in or upon a public place within the City during curfew. It is also be unlawful for a parent or guardian to permit a juvenile to be on or in a public place during curfew.
In the following situations a juvenile shall be permitted to be in or upon a public place during curfew:
When the juvenile shall be accompanied by a parent or guardian;
When the juvenile shall be accompanied by an adult authorized by a parent or guardian of such juvenile to take the parent or guardian's place in accompanying the juvenile to a place designated by said parent or guardian;
When 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. Prior to exercising any such right, the juvenile shall deliver to the person designated by the Chief of Police to receive such information at City Hall: a written communication, signed by the juvenile with his/her home address and telephone number, specifying when, where and in what manner the juvenile will be on the streets during the curfew in the exercise of a First Amendment right specified in such communication;
In case of a life-threatening family emergency;
When the juvenile is on the sidewalk of his/her residence or on the sidewalk of a next-door neighbor with the approval of said next-door neighbor;
When returning home from and within one hour after the termination of a school- or municipal-sponsored activity or an activity of a religious or other volunteer organization of which prior notice, indicating the place and probable time of termination, has been given in writing to, and duly filed for immediate reference by, the Chief of Police or the person designated by the Chief of Police to receive such notification, thus encouraging, as in other exceptional situations, responsible conduct on the part of juveniles involved in such activity;
When necessary activities of a juvenile may be inadequately provided for by other provisions of this section, then recourse may be had to the Chief of Police for a special permit as the circumstances may warrant. The special permit shall be issued upon a finding of necessity by the Chief of Police for the use of the streets to the extent warranted by a written application signed by the juvenile and his/her parent or guardian setting forth the name, age and address of the juvenile; the name, address and telephone number of the juvenile's parent(s) or guardian(s); the height, weight, sex, color of eyes and hair and other physical characteristics of the juvenile; the necessity which requires the juvenile to remain upon the streets during the curfew; the street or route to be utilized by the juvenile and the beginning and end of the activity;
When authorized by a regulation issued by the Chief of Police in cases involving numerous juveniles such as school athletic activities and similar functions. Such regulation by the Chief of Police permitting use of the streets shall be issued sufficiently in advance to permit appropriate publicity through news media and through other agencies such as the schools, and shall define the activity, the scope of the use of the streets permitted, the period of time involved not to extend more than one hour beyond the time for termination of the activity and shall provide the reason for issuance of the regulation;
When the juvenile carries a certified card of employment, renewable each calendar month when the current facts so warrant, dated or reissued not more than 45 days previously, signed by the Chief of Police and briefly identifying the juvenile, the address of both his/her home and place of employment and his/her hours of employment;
When the juvenile is, with parental consent, in a motor vehicle. This provision contemplates normal travel. It is the intention of this provision to clearly exempt bona fide interstate travel along major thoroughfares within the City.
It is unlawful for a parent or guardian of a juvenile to knowingly permit, or by inefficient control, to allow the juvenile to be or remain upon any public place under circumstances not constituting an exception to, or otherwise beyond the scope of, this chapter. The term "knowingly" includes knowledge which a parent or guardian should reasonably be expected to have concerning the whereabouts of a juvenile. The actions of any parent or guardian charged with exercising inefficient control shall be measured against a reasonable community standard of responsibility through an objective test. Therefore, it shall not constitute a defense that a parent or guardian was completely indifferent to the activities or conduct or whereabouts of a juvenile.
If a police officer reasonably believes that a juvenile is in or on a public place in violation of this chapter, the officer shall notify the juvenile that he/she is in violation of this chapter and shall require the juvenile to provide his/her name, address and telephone number and how to contact his/her parent or guardian.
In determining the age of the juvenile, and in the absence of convincing evidence such as a birth certificate, a police officer shall utilize his best judgment in determining the juvenile's age.
The normal procedure shall be to take the juvenile to the parent's or guardian's home if possible. If the parent(s) or guardian(s) is not home or cannot be located, the juvenile shall be taken to the police station and the police shall contact the juvenile authorities to effectuate transfer of custody. The Chief of Police shall establish written procedures for the delivery of a juvenile to a parent, guardian or to the juvenile authorities.
Within 24 hours of the violation, the police officer shall file a written statement with the Chief of Police setting forth the name of the juvenile, the time the juvenile was found and the street where the juvenile was found.
In the case of a first violation by a juvenile, the Chief of Police shall, by both certified and regular mail, send to the parent(s) or guardian(s), by both certified and regular mail, notice of the violation with a warning that any subsequent violation will result in Municipal Court proceedings and the assessment of a penalty.
If after the warning notice of a first violation a juvenile shall violate the curfew, a police officer shall commence a Municipal Court proceeding. For the first offense the juvenile shall be fined $25 and for each subsequent offense the fine shall be increased by an additional $25, not to exceed $1,000, and shall be required to perform community service. Likewise, after the warning notice, the parent or guardian shall be cited for a violation. Upon a finding of guilty, the parent or guardian shall be fined $25 for the first offense and for each subsequent offense the fine shall be increased by an additional $25, not to exceed $1,000. For each violation the juvenile shall be required to perform community service. If both the juvenile and his/her parent or guardian violate the chapter they shall be required to perform community service together.
As this chapter seeks to balance constitutional rights with the general needs of the public it is to be continuously scrutinized in its applications. To effectuate this purpose the Common Council and the Chief of Police shall continue to solicit opinions and suggestions from the public and members of the school community relating to the application of the various provisions of this chapter.
Notice of the existence of a curfew for juveniles and of the curfew regulations established herein shall be posted permanently in City Hall and in such other public places as determined by the Chief of Police to be advisable and as permitted by the board of education on school property.