For the purposes of this chapter, 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.
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.
PERSON
Includes firms, companies, corporations, partnerships, associations
or any organization entity as well as individuals.
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 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 chapter.
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.
TOWN
The Town of Fenwick Island, Delaware, with administrative
offices at 800 Coastal Highway, Fenwick Island, Delaware 19944.
YEARS OF AGE
Continues from one birthday, such as the 17th to (but not
including the day of) the next, such as the 18th birthday, making
it clear that 17 or less years of age is herein treated as equivalent
to the phrase "under 18 years of age."