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 Fenwick Island during the period beginning at 1:00 a.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 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.