For the purposes of the article, the following
terms, phrases, words and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular and words in the singular number include the plural.
The word "shall" is always mandatory and not merely directory.
TOWN
The Town of Bethany Beach, Delaware, with administrative
offices at 214 Garfield Parkway, Bethany Beach, Delaware 19930.
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, natural disaster or automobile accident or any
situation requiring immediate action to prevent serious bodily injury
or loss of life.
JUVENILE OR MINOR
Any unemancipated person under the age of 18 or, in equivalent
phrasing often herein employed, any person 17 or less years of age.
PARENT
Any person having legal custody of a juvenile as a natural
or adoptive parent, as a legal guardian, as a person who stands in
loco parentis or as a person to whom legal custody has been given
by court order.
PUBLIC PLACE
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, the public
beach, jetties, wharfs, docks, boardwalk, streets, alleys, sidewalks,
parking lots, common areas of churches and condominiums, restaurants,
shops, cafes, arcades and similar areas that are open to the use of
the public. As a type of "public place," a street is a way or place,
of whatever nature, open to the use of the public as a matter of right
for purposes of vehicular travel or, in the case of a sidewalk thereof,
for pedestrian travel. "Street" includes that legal right-of-way,
including but not limited to the cartway of traffic lanes, the curb,
the sidewalks, whether paved or unpaved, and any grass plots or other
grounds found within the legal right-of-way of a street.
REMAIN
To loiter, idle, wander, stroll, play, stay behind, tarry
or stay unnecessarily in a public place, including the congregating
of groups (or of interacting minors) totaling four or more persons
in which any juvenile involved would not be using the streets for
ordinary or serious purposes such as mere passage or going home, or
to fail to leave the premises of an establishment when requested to
do so by a police officer or the operator of an establishment. To
implement this provision with additional precision and precaution,
numerous exceptions are expressly defined in this article.
TIME OF NIGHT
As referred to herein is based upon the prevailing standard
of time, whether Eastern standard time or Eastern daylight saving
time, generally observed at that hour by the public in the Town; prima
facie the time then observed in the Town administrative offices and
police station.
YEARS OF AGE
Continues from one birthday, such as the seventeenth to (but
not including the day of) the next, such as the eighteenth birthday,
making it clear that 17 or less years of age is herein treated as
equivalent to phrase "under 18 years of age," the latter phrase in
practice, unfortunately, having confused a number of persons into
the mistaken thought that eighteen-year-olds might be involved. Similarly,
for example, "11 or less years of age" means under 12 years of age.
[Amended 7-16-2021 by Ord. No. 553]
Between May 1 to September 30, inclusive, of
each year, it shall be unlawful for any person 17 years or less of
age (under 18) to be or remain in or upon a public place within the
Town of Bethany Beach during the period beginning at 11:00 p.m. and
ending at 5:00 a.m.
The following shall constitute valid exceptions
to the operation of this article:
A. Accompanied by parent. When a juvenile is accompanied
by a parent of such juvenile.
B. Accompanied by authorized adult. When a juvenile is
accompanied by an adult authorized by a parent of such juvenile to
take said parent's place in accompanying said juvenile for a designated
period of time and purpose within a specified area.
C. Errand directed by parent. When the juvenile is on
an errand as directed by his/her parent.
D. Emergency. When a juvenile is involved in or assisting
in an emergency, including, by way of example and not in limitation,
responding as a member of a volunteer fire company to a fire company
or paramedic call.
E. First Amendment rights. When a juvenile is 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.
F. Reasonable necessity. In case of reasonable necessity
for the juvenile remaining in a public place but only after the juvenile's
parent has communicated to the Chief of Police or the person designated
by the Chief of Police to receive such notifications the facts establishing
the reasonable necessity relating to a specified public place at a
designated time for a described purpose, including points of origin
and destination. A copy of the communication, or of the police record
thereof, duly certified by the Chief of Police to be correct, with
an appropriate notation of the time it was received and of the names
and addresses of the parent and juvenile shall be admissible evidence.
G. On own or neighbor's property. When a juvenile is
on the sidewalk or property where the juvenile resides or on either
side of or across the street from the place where the juvenile resides
and the adult owner or resident of that property has given permission
for the juvenile to be there.
H. Attending and returning home within one hour of official
activity. When a juvenile is attending or is returning home by a direct
route (without any unnecessary stop or detour) from and within one
hour of any religious, recreational or other organized activity supervised
by adults, sponsored by the Town, a recognized charitable, benevolent
or civic association or a similar entity that takes responsibility
for the minor.
I. Employment necessity. When the juvenile is legally
employed, going to or returning home from employment.
J. Interstate or intrastate travel. When the juvenile
is, with parental consent, in a motor vehicle, engaged in normal interstate
or intrastate travel through the Town or originating or terminating
in the Town.
K. Married. When the juvenile is married or has been
married pursuant to state law.
The Town Council does not intend a result through
the enforcement of this article that is absurd, impossible of execution
or unreasonable. The Council intends that this article be held inapplicable
in such cases, if any, where its application would be unconstitutional
under the Constitution of the State of Delaware or the Constitution
of the United States of America.
Notice of the existence of this article and
of the curfew regulations established by it shall be posted in, on
or about such public or quasi-public places as may be determined by
the Town Manager, Mayor or the Police Department in order that the
public may be constantly informed of the existence of this article
and its regulations.
This article shall take effect on July 3, 1996,
being at least seven days after publication and posting of the title,
synopsis and effective date hereof.