The Mayor and the Council have determined that:
A. The provisions of Chapter 37, Curfew, relating to the establishment of a nocturnal curfew and
enforcement thereof are outdated or preempted by state law, and certain
additional enforcement procedures are necessary.
B. There has been an increase in the number and the seriousness
of crimes committed by persons under the age of 18 against persons
and property of the Town, and this increased crime has created a menace
to the preservation of public peace, safety, health, morals and welfare
in the Town of Manchester.
C. Persons under the age of 18 are particularly susceptible
by their lack of maturity and experience to participate in unlawful
activities and to be victims of older perpetrators of crime.
D. The Town has an obligation to provide for the protection
of minors from each other and from other persons, for the enforcement
of parental control over and responsibility for children, for the
protection of the general public, and for the reduction of the incidence
of juvenile criminal activities.
E. A curfew for those under the age of 18 will be in
the interest of the public health, safety, and general welfare and
will help to attain the foregoing objectives and to diminish the undesirable
impact of such conduct on the citizens of the Town of Manchester.
In this chapter the following definitions apply:
CURFEW HOURS
A.
11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday,
or Thursday until 6:00 a.m. of the following day; and
B.
12:01 a.m. through 6:00 a.m. on any Saturday
or Sunday.
EMERGENCY
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, a fire, a natural disaster, or automobile accident, or
any situation requiring immediate action to prevent serious bodily
injury or loss of life.
ESTABLISHMENT
Any privately owned place of business carried on for a profit
or any place of amusement or entertainment to which the public is
invited.
GUARDIAN
A.
A person who, under court order, is the guardian
of the person of a minor; or
B.
A public or private agency with whom a minor
has been placed by a court.
MINOR
Any person under the age of 18 years.
OPERATOR
Any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment; and whenever
used in any clause prescribing a penalty, the term "operator" as applied
to associations or partnerships shall include the members or partners
thereof, and as applied to corporations, shall include the officers
thereof.
PARENT
A person who is:
A.
A natural parent, adoptive parent, or stepparent
of another person; or
B.
At least 18 years of age and authorized by the
parent or guardian to have the care and custody of a minor.
PUBLIC PLACE
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways,
and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities, shops, parks, playgrounds, or vacant
lots.
REMAIN
B.
To fail to leave premises when requested to
do so by a police officer or the owner, operator, or other person
in control of the premises.