[HISTORY: Adopted by the Board of County Commissioners (now County Council) of Cecil County 10-16-2001. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BONA FIDE ORGANIZATION
- Any agency of federal, state or local government, or any nonprofit organization properly filed with the State of Maryland Department of Assessments and Taxation or recognized as a 501(c)(3) organization by the Internal Revenue Service.
- Any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited.
- Any person under the age of 18 years.
- 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 or adoptive parent of a minor, a legal guardian or any person 21 years of age or over legally responsible for the care and custody of a minor.
- PUBLIC PLACE
- Any public street, highway, road, alley, park, playground, wharf, dock, public building or vacant lot, as well as church, church ground, library and other such privately owned property used for public purposes.
- To loiter, lounge, idle, wander, stroll, sit, or play in or upon.
No minor shall remain in or upon any public place or any establishment between the hours of 11:00 p.m. Friday and 6:00 a.m. Saturday, nor between the hours of 11:00 p.m. Saturday and 6:00 a.m. Sunday, official Maryland time, nor between the hours of 10:00 p.m. and 6:00 a.m. of the following day on any other day of the week.
The provisions of this section shall not apply to any minor accompanied by a parent, adult relative or other person over the age of 21 years, nor to a minor upon an errand directed by such minor's parent, nor to a minor attending a cultural, scholastic, athletic or recreational activity supervised by a bona fide organization, nor to any minor who is engaged in gainful, lawful employment during the curfew hours.
[Amended 11-13-2012 by Ord. No. 2012-12]
No parent shall knowingly permit any minor not exempted under the previous section to remain in or upon any public place or any establishment during the curfew hours established in § 180-2A.
[Amended 11-13-2012 by Ord. No. 2012-12]
No operator of an establishment or his agents or employees shall knowingly permit any minor to remain upon the premises of said establishment during the curfew hours established in § 180-2A.
Any police officer who finds a minor violating any provisions of this chapter shall obtain information from such minor as to his name, address, age and the name of his parent or parents. The minor shall thereupon be instructed to proceed to his home forthwith. The information obtained from the minor shall be reported to the Police Department, which shall cause a written notice to be mailed to the parent or parents of the minor, advising of the violation of this chapter.
Any parent who shall violate any provision of this chapter after having received notice of a prior violation occurring within the preceding 12 months shall be deemed to have committed a municipal infraction, the penalty for which shall be $25 for each offense and $50 for each repeat offense.
Notice is presumed to be received by a parent if it is deposited in a depository for mailing United States mail, properly addressed and with the proper first-class postage paid. Such mailing may be shown by the records of the sending agency made in the regular course of its business.
Any minor found guilty of violating any provision of this chapter shall be found guilty of a misdemeanor and may be reported to Juvenile Services.
Violation of this chapter by the operator of an establishment and any agents or employees of any operator is declared to be an infraction, the penalty for which shall be $25 for each initial offense and $50 for each repeat offense.
Each violation of the provisions of this chapter shall constitute a separate offense.
The curfew hours as stated above may be amended or suspended by a resolution of the governing body adopted at a public meeting. In considering such amendment or suspension, the governing body shall consider the impact of changing its curfew hours from those recognized elsewhere throughout the County.