[HISTORY: Adopted by the Commissioners of the Town of Aberdeen
(now Mayor and Council of the City of Aberdeen) 8-10-1981 by Ord. No. 276 (Ch. 56 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Loitering — See Ch. 354.
As used in this chapter, the following terms shall have the
meanings indicated:
Any privately owned place of business carried on for a profit
or any place of amusement or entertainment to which the public is
invited, except hotels, motels, tourist homes and other establishments
that provide lodging.
Any person under the age of 18 years.
[Amended 4-9-1990 by Ord. No. 358-90]
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.
Any natural parent of a minor, a guardian or any person 21
years of age or over responsible for the care and custody of a minor.
Includes but is not limited to any public street, highway,
road, alley, park, playground, wharf, dock, public building or vacant
lot.
To stand, loiter, idle, wander, stroll or play in or upon.
A.
No minor shall remain in or upon any public place or any establishment
between the hours of 12:00 midnight Friday and 6:00 a.m. Saturday,
12:00 midnight Saturday and 6:00 a.m. Sunday or 10:00 p.m. and 6:00
a.m. of the following day any other day of the week.
B.
The following minors shall be exempted from the provisions of this
chapter:
(1)
Any minor accompanied by a parent, relative or other person 21 years
of age or over responsible for the care and custody of such minor.
(2)
Any minor attending a cultural, religious, scholastic, athletic or
recreational activity supervised by a bona fide organization.
(3)
Any minor who is engaged in gainful, lawful employment during the
curfew hours.
(4)
Any minor engaged in travel into, out of or passing through the City.
(5)
Any minor engaged in the purchase of merchandise, including food,
from an establishment and any minor engaged in the consumption of
food within the establishment from which it was purchased.
No parent shall knowingly permit any minor not exempted under § 227-2B to remain in or upon any public place or any establishment between the hours of 12:00 midnight Friday and 6:00 a.m. Saturday, 12:00 midnight Saturday and 6:00 a.m. Sunday or 10:00 p.m. and 6:00 a.m. of the following day any other day of the week.
[Amended 4-9-1990 by Ord. No. 358-90]
No operator of an establishment or his agents or employees shall knowingly permit any minor not exempted under § 227-2B to remain upon the premises of said establishment between the hours of 12:00 midnight Friday and 6:00 a.m. Saturday, 12:00 midnight Saturday and 6:00 a.m. Sunday or 10:00 p.m. and 6:00 a.m. of the following day any other day of the week.
A.
Any police officer who finds a minor violating any provisions of § 227-2 shall obtain information from such minor so as to determine his name, address, age and the name of his parent or parents or legal guardian. The minor shall thereupon be instructed to proceed to his home forthwith. The information obtained from the minor shall be retained by the Police Department, which shall cause a written notice of violation and a copy of this chapter to be mailed certified mail or hand delivered to the parent of the minor.
B.
Any operator of an establishment and any agent or employee of any operator who violates the provisions of § 227-4 and any parent who violates any provision of § 227-3, after having received notice of a prior violation occurring within the preceding 12 months, shall be in violation of this chapter. A violation of this chapter is deemed to be a municipal infraction.[1] Any person violating any provision of this chapter shall
be subject to a civil penalty as follows:
[Amended 4-9-1990 by Ord. No. 358-90[2]]