[HISTORY: Adopted by the Common Council of the City of Burlington
by Ord. No. 14-1993 (Ch. 9.12 of the 1996 Municipal Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A person, other than a parent, to whom legal custody of a
juvenile has been given by court order or who is acting in the place
of the parent or is responsible for the care and welfare of the juvenile.
Any person who has not attained the age of 18 years.
The natural or adoptive parent of the juvenile.
Any place to which the public has access, including but not
limited to a public street, road, thoroughfare, sidewalk, bridge,
alley, plaza, park, recreation or shopping area, public transportation
facility, vehicle used for public transportation, parking lot or any
other public building, structure or area.
To stay behind, to tarry and to stay unnecessarily upon the
streets, including the congregating of groups or of interacting juveniles
totalling four or more persons in which any juvenile involved is not
using the streets for ordinary or serious purposes such as mere passage
or going home.
The juvenile curfew shall be in effect between the hours of
10:00 p.m. and 6:00 a.m. of the following day. It is unlawful for
any juvenile under the age of 18 years to be or remain in or upon
a public place within the City during curfew. It is also be unlawful
for a parent or guardian to permit a juvenile to be on or in a public
place during curfew.
In the following situations a juvenile shall be permitted to
be in or upon a public place during curfew:
A.Â
When the juvenile shall be accompanied by a parent or guardian;
B.Â
When the juvenile shall be accompanied by an adult authorized by
a parent or guardian of such juvenile to take the parent or guardian's
place in accompanying the juvenile to a place designated by said parent
or guardian;
C.Â
When 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. Prior to exercising any such right, the
juvenile shall deliver to the person designated by the Chief of Police
to receive such information at City Hall: a written communication,
signed by the juvenile with his/her home address and telephone number,
specifying when, where and in what manner the juvenile will be on
the streets during the curfew in the exercise of a First Amendment
right specified in such communication;
D.Â
In case of a life-threatening family emergency;
E.Â
When the juvenile is on the sidewalk of his/her residence or on the
sidewalk of a next-door neighbor with the approval of said next-door
neighbor;
F.Â
When returning home from and within one hour after the termination
of a school- or municipal-sponsored activity or an activity of a religious
or other volunteer organization of which prior notice, indicating
the place and probable time of termination, has been given in writing
to, and duly filed for immediate reference by, the Chief of Police
or the person designated by the Chief of Police to receive such notification,
thus encouraging, as in other exceptional situations, responsible
conduct on the part of juveniles involved in such activity;
G.Â
When necessary activities of a juvenile may be inadequately provided
for by other provisions of this section, then recourse may be had
to the Chief of Police for a special permit as the circumstances may
warrant. The special permit shall be issued upon a finding of necessity
by the Chief of Police for the use of the streets to the extent warranted
by a written application signed by the juvenile and his/her parent
or guardian setting forth the name, age and address of the juvenile;
the name, address and telephone number of the juvenile's parent(s)
or guardian(s); the height, weight, sex, color of eyes and hair and
other physical characteristics of the juvenile; the necessity which
requires the juvenile to remain upon the streets during the curfew;
the street or route to be utilized by the juvenile and the beginning
and end of the activity;
H.Â
When authorized by a regulation issued by the Chief of Police in
cases involving numerous juveniles such as school athletic activities
and similar functions. Such regulation by the Chief of Police permitting
use of the streets shall be issued sufficiently in advance to permit
appropriate publicity through news media and through other agencies
such as the schools, and shall define the activity, the scope of the
use of the streets permitted, the period of time involved not to extend
more than one hour beyond the time for termination of the activity
and shall provide the reason for issuance of the regulation;
I.Â
When the juvenile carries a certified card of employment, renewable
each calendar month when the current facts so warrant, dated or reissued
not more than 45 days previously, signed by the Chief of Police and
briefly identifying the juvenile, the address of both his/her home
and place of employment and his/her hours of employment;
J.Â
When the juvenile is, with parental consent, in a motor vehicle.
This provision contemplates normal travel. It is the intention of
this provision to clearly exempt bona fide interstate travel along
major thoroughfares within the City.
It is unlawful for a parent or guardian of a juvenile to knowingly
permit, or by inefficient control, to allow the juvenile to be or
remain upon any public place under circumstances not constituting
an exception to, or otherwise beyond the scope of, this chapter. The
term "knowingly" includes knowledge which a parent or guardian should
reasonably be expected to have concerning the whereabouts of a juvenile.
The actions of any parent or guardian charged with exercising inefficient
control shall be measured against a reasonable community standard
of responsibility through an objective test. Therefore, it shall not
constitute a defense that a parent or guardian was completely indifferent
to the activities or conduct or whereabouts of a juvenile.
If a police officer reasonably believes that a juvenile is in
or on a public place in violation of this chapter, the officer shall
notify the juvenile that he/she is in violation of this chapter and
shall require the juvenile to provide his/her name, address and telephone
number and how to contact his/her parent or guardian.
A.Â
In determining the age of the juvenile, and in the absence of convincing
evidence such as a birth certificate, a police officer shall utilize
his best judgment in determining the juvenile's age.
B.Â
The normal procedure shall be to take the juvenile to the parent's
or guardian's home if possible. If the parent(s) or guardian(s)
is not home or cannot be located, the juvenile shall be taken to the
police station and the police shall contact the juvenile authorities
to effectuate transfer of custody. The Chief of Police shall establish
written procedures for the delivery of a juvenile to a parent, guardian
or to the juvenile authorities.
C.Â
Within 24 hours of the violation, the police officer shall file a
written statement with the Chief of Police setting forth the name
of the juvenile, the time the juvenile was found and the street where
the juvenile was found.
D.Â
In the case of a first violation by a juvenile, the Chief of Police
shall, by both certified and regular mail, send to the parent(s) or
guardian(s), by both certified and regular mail, notice of the violation
with a warning that any subsequent violation will result in Municipal
Court proceedings and the assessment of a penalty.
If after the warning notice of a first violation a juvenile
shall violate the curfew, a police officer shall commence a Municipal
Court proceeding. For the first offense the juvenile shall be fined
$25 and for each subsequent offense the fine shall be increased by
an additional $25, not to exceed $1,000, and shall be required to
perform community service. Likewise, after the warning notice, the
parent or guardian shall be cited for a violation. Upon a finding
of guilty, the parent or guardian shall be fined $25 for the first
offense and for each subsequent offense the fine shall be increased
by an additional $25, not to exceed $1,000. For each violation the
juvenile shall be required to perform community service. If both the
juvenile and his/her parent or guardian violate the chapter they shall
be required to perform community service together.
As this chapter seeks to balance constitutional rights with
the general needs of the public it is to be continuously scrutinized
in its applications. To effectuate this purpose the Common Council
and the Chief of Police shall continue to solicit opinions and suggestions
from the public and members of the school community relating to the
application of the various provisions of this chapter.
Notice of the existence of a curfew for juveniles and of the
curfew regulations established herein shall be posted permanently
in City Hall and in such other public places as determined by the
Chief of Police to be advisable and as permitted by the board of education
on school property.
