Town of Federalsburg, MD Chapter 48 Curfew

[HISTORY: Adopted by the Mayor and Council of Federalsburg 1-4-2010 by Ord. No. 2009-14.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Loitering — See Ch. 114.

Public assemblies — See Ch. 154.

[1] Editor's Note: This ordinance also repealed former Ch. 48, Curfew, adopted 6-5-1995 by Ord. No. 95-007, as amended.

§ 48-1 Title; definitions.

A. This chapter shall be known as the "Federalsburg Juvenile Curfew Ordinance."

B. In this chapter, the following definitions apply:

CURFEW HOURS

12:00 a.m. until 5:00 a.m.

EMERGENCY

A sudden or unexpected happening or an unforeseen combination of circumstances that calls for immediate action to protect the health, safety, welfare, or property of an individual from actual or threatened harm or from an unlawful act.

ESTABLISHMENT

A privately owned place of business operated for a profit to which the public is invited.

GUARDIAN

A person who is appointed by a court as a guardian of a minor.

PUBLIC PLACE

A place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. "Public place" includes:

(1) A public street, sidewalk, alley, highway, and right-of-way of a public street or highway; and

(2) The common areas of a transport facility, school, hospital, apartment building, office building, shopping center, park, playground, parking lot, theater, restaurant, bowling alley, tavern, cafe, arcade, and shops.

REMAIN

To linger or stay unnecessarily in a public place; or to fail to leave the premises of an establishment or public place when asked by a local law enforcement officer or employee of the establishment or public place.

§ 48-2 Unlawful conduct.

A. A minor may not remain in a public place or on the premises of an establishment within the local jurisdiction during curfew hours.

B. A parent or guardian of a minor may not knowingly allow the minor to remain in a public place or on the premises of an establishment within the local jurisdiction during curfew hours.

C. The owner, operator, or employee of an establishment may not knowingly allow a minor to remain on the premises of the establishment within the local jurisdiction during curfew hours.

§ 48-3 Exceptions.

The provisions of § 48-2 shall not apply to a minor who is:

A. Accompanied by the minor's parent or guardian;

B. Performing an errand at the direction of the minor's parent or guardian, without a detour or stop, until 12:30 a.m.;

C. Accompanied by a person at least 18 years of age and authorized by the minor's parent or guardian to have temporary care or custody of the minor for a designated period of time within a specified area;

D. With consent of the minor's parent or guardian, involved in interstate travel through the local jurisdiction or beginning or ending in the local jurisdiction;

E. Engaged in legal employment activity or is going to or returning home from a legal employment activity, without a detour or stop;

F. Involved in an emergency;

G. On the property where the minor resides or on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor, if the adult resident of that property has given permission for the minor's presence;

H. Attending or returning directly home from, without a detour or stop and within one hour before or after the end of:

(1) A school, religious, or recreational activity supervised by adults and sponsored by the local jurisdiction, a civic organization, or a voluntary association that takes responsibility for the minor; or

(2) A place of public entertainment, including a movie, play, or sporting event;

I. Exercising First Amendment rights under the United States Constitution, if the minor has first submitted to the chief of the local law enforcement agency a written communication that;

(1) Is signed by the minor and countersigned, if practicable, by the parent or guardian of the minor;

(2) Includes the parent's or guardian's home address and telephone number; and

(3) Specifies when, where, and in what manner the minor will be in a public place during curfew hours; or

J. Remaining in a public place in a case of reasonable necessity if the minor's parent or guardian has communicated to the chief of the local law enforcement agency facts:

(1) Establishing the reasonable necessity; and

(2) Designating the specific public place and the points of origin and destination for the minor's travel and the times the minor will be in the public place or traveling to or from the public place.

§ 48-4 Violations and penalties.

A. If a law enforcement officer reasonably believes that a minor is in a public place or on the premises of an establishment in violation of this chapter, the officer shall:

(1) Notify the minor that the minor is in violation of the Town's Juvenile Curfew Ordinance;

(2) Require the minor to tell the officer the minor's name, address, telephone, number, and where to contact the minor's parent or guardian;

(3) Issue the minor a written warning that the minor is in violation of the Juvenile Curfew Ordinance; and

(4) Order the minor to promptly go home.

B. The chief of the local law enforcement agency shall send written notice of the violation of the Juvenile Curfew Ordinance to the minor's parent or guardian.

C. The local law enforcement agency may take the minor:

(1) To the minor's home, if appropriate; or

(2) Into custody and transport the minor to a local law enforcement station or designated curfew center when:

(a) The minor has received one previous written warning for a violation of the Juvenile Curfew Ordinance;

(b) The local law enforcement officer has reasonable grounds to believe that the minor has committed a delinquent act; or

(c) Taking the minor into custody is authorized under the Maryland Code Annotated Courts and Judicial Proceedings Article, § 3-814.

D. When a minor is taken into custody for a violation of this chapter, the law enforcement officer shall:

(1) Immediately notify the parent or guardian of the minor to come to the local law enforcement station to take custody of the minor; and

(2) Determine whether, consistent with constitutional safeguards, the minor or the parent or guardian, or both, are in violation of this chapter.

E. When a parent or guardian arrives at the local law enforcement station as a result of Subsection D of this section, and the appropriate information is recorded, the minor shall be released to the custody of the parent or guardian.

F. If the minor is taken into custody and the parent or guardian cannot be located or fails to take charge of the minor, then the minor shall be released to the local department of social services, the department of juvenile justice, or to another adult who will, on behalf to the parent or guardian, assume the responsibility of caring for the minor pending the availability or arrival of the parent or guardian.

G. A person who violates this chapter (including a minor, parent or guardian of a minor, and/or an owner, operator or employee of an establishment) shall be deemed to have committed a municipal infraction, and in accordance with § 1-10 of the Federalsburg Town Code, shall be punishable by a fine in the amount of $100 for the first offense and in such amounts established by § 1-10 for each subsequent offense. Each violation shall constitute a separate offense.