Town of Orange, MA
Franklin County
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Table of Contents
Table of Contents
[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.

§ 109-1
Curfew established. 

§ 109-2
Definitions. 

§ 109-3
Exceptions. 

§ 109-4
Parent defined. 

§ 109-5
Enforcement; violations and penalties. 

§ 109-6
Purpose. 

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.

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.

As used in this chapter, the following terms shall have the meanings indicated:

ESTABLISHMENT
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.
PUBLIC PLACE
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.

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.
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.

The purpose of this chapter is to increase juvenile safety and to decrease juvenile crime.