[HISTORY: Adopted by the Mayor and Council of the Town of Manchester 10-12-1976; amended in its entirety 1-12-1999 by Ord. No. 117 (Ch. 37 of the 1979 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 135.
The Mayor and the Council have determined that:
A. 
The provisions of Chapter 37, Curfew,[1] relating to the establishment of a nocturnal curfew and enforcement thereof are outdated or preempted by state law, and certain additional enforcement procedures are necessary.
[1]
Editor's Note: Refers to Chapter 37, Curfew, of the 1979 Code.
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
A. 
To linger or stay; or
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.
A. 
A minor commits an offense if he/she remains in any public place or on the premises of an establishment within the Town during curfew hours.
B. 
Any parent or guardian of a minor commits an offense if the parent or guardian knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the Town during curfew hours.
C. 
The owner, operator, or any employee of an establishment commits an offense if the owner knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
A. 
It is a defense to prosecution under § 77-3 that the minor was:
(1) 
Accompanied by the minor's parent or guardian;
(2) 
On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(3) 
In a motor vehicle involved in interstate travel;
(4) 
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) 
Involved in an emergency;
(6) 
On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor's presence;
(7) 
Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the Town, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreation activity supervised by adults and sponsored by the Town, a civic organization, religious organization, or another similar entity that takes responsibility for the minor;
(8) 
Exercising First Amendment rights protected by the United States Constitution, such as free exercise of religion, freedom of speech, and the right of assembly, provided that notice of the planned activity is delivered to the Mayor of the Town of Manchester at least 72 hours prior to the activity taking place.
B. 
It is a defense to prosecution under § 77-5 that the owner, operator, or employee of an establishment promptly notified the Police Department that a minor was present on the premises of an establishment during curfew hours and refused to leave.
A. 
Before taking any enforcement under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest pursuant to this section unless the officer reasonably suspects that an offense has occurred and that, based on any response and other circumstances, no defense in § 77-4 is present.
B. 
The officer issuing the citation shall return the juvenile to his/her residence. If a parent or guardian is not at home, the officer will take the juvenile to police headquarters until such time as the parent or guardian is located and the juvenile can be returned to the custody of the parent or guardian.
A. 
A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not less than $15 and not exceeding $300 or imprisonment for not more than 15 days, or both. Any violation of this chapter shall be classified as a misdemeanor.
B. 
Any police officer or person designated by the Town may issue a citation to the offender. The person receiving the citation may elect to stand trial for the offense by notifying the Town, in writing, of his/her intention to stand trial within 30 days of the date on which the citation was issued. The fine shall be payable within 30 days from the date on which the citation was issued; or, in the event of trial, within 10 days after conviction and expiration of the appeal period. The person in violation shall be responsible for administrative late charges in the amount of $5 for every thirty-day period, or part thereof, during which payment of a fine assessed hereunder is delinquent.
A. 
A minor who is registered in a public or private school shall not be in any public place or on the premises of any establishment within the Town during school hours.
B. 
If no defense under section § 77-4 is present, the police officer shall return the minor to his/her assigned school.
C. 
If the minor has been suspended or expelled from school and no defense under section § 77-4 is present, the police officer shall return the minor to his/her parent or guardian.