[HISTORY: Adopted by the Town of Greenfield as amended in its entirety 1-18-2012 by Order No. FY 12-066 (Ch. 53 of the 2002 Bylaws). Subsequent amendments noted where applicable.]
This Youth Protection Ordinance is established to impose certain restrictions upon juveniles in the Town of Greenfield between the hours of 12:01 a.m. and 6:00 a.m.
The Youth Protection Ordinance is intended to promote parental control and responsibility for their children under the age of 17 and protect juveniles from victimization and exposure to criminal activity.
As used in this chapter, the following terms shall have the meanings indicated:
CHIEF OF POLICE
The Chief of Police of the Town of Greenfield or a designated representative.
DIRECT ROUTE
The shortest reasonable path of travel to reach a final destination without any detour or stop along the way.
EMERGENCY
A fire, a natural disaster, an automobile accident, or any unforeseen situation requiring immediate action to prevent or care for a serious bodily injury or loss of life.
ESTABLISHMENT
Any place of business to which the public is invited, including but not limited to any place of amusement or entertainment.
HOLDING LOCATION
A place designated by the Chief of Police to which a juvenile taken into custody for a violation of this chapter may be delivered to await pickup by a parent or juvenile authorities.
JUVENILE
Any person under the age of 17.
OPERATOR
Any individual, firm, association, partnership, or corporation operating, managing, or conducting business within any establishment, or any employees thereof.
PARENT
A person who is:
A. 
A natural, adoptive, or foster parent of another person; or
B. 
A court-appointed guardian of another person.
PUBLIC PLACE
Any street, alley, highway, parking lot, sidewalk, playground, park, plaza, building or other property owned or controlled by a government entity.
RESTRICTED HOURS
12:01 a.m. until 6:00 a.m. on any day.
TOWN SOLICITOR
The Town Attorney of the Town of Greenfield or a designated representative.
A. 
Except as provided in § 235-5, a juvenile shall not enter or remain in any public place during the restricted hours.
B. 
The owner, operator or employee of an establishment shall not allow any person to enter or remain upon the premises of the establishment during restricted hours unless the person:
(1) 
Has proper identification demonstrating that such person is 17 years of age or older.
(2) 
Can demonstrate that such person is otherwise exempt from this chapter.
C. 
The custodial parent(s) or guardian of juveniles under the age of 17 shall provide due care and supervision to ensure juveniles are aware of and comply with the provisions of this chapter. Further, the custodial parent(s) or guardian will take appropriate actions to ensure compliance by juveniles under the age of 17.
A. 
It shall not be a violation of § 235-4 if the juvenile is:
(1) 
Accompanied by the juvenile's parents;
(2) 
Engaged in an employment activity or using a direct route to or from a place of employment;
(3) 
Reacting or responding to an emergency;
(4) 
Attending or traveling to or from, by direct route, an official school, religious, or recreational activity that is supervised by adults and is sponsored by a governmental entity, civil or religious organizations or other similar entity that accepts responsibility for the juvenile as an invitee.
B. 
It shall be a defense to prosecution under § 235-4 that the owner, operator or employee of an establishment promptly notified the Police Department that a juvenile was on the premises of the establishment during the restricted hours and that such juvenile refused to leave.
A. 
A law enforcement officer, upon finding a juvenile in violation of this chapter, shall:
(1) 
Order the juvenile to leave the restricted area for the remainder of the restricted hours; or
(2) 
Take the juvenile into protective custody if the officer has reasonable grounds to believe that the juvenile has been abandoned or neglected, or is in immediate danger from his/her surroundings and that his/her removal is necessary for his/her protection; or
(3) 
Issue a trespass warning of specific duration.
B. 
When a juvenile is taken into custody under Subsection A(2) by a law enforcement officer, he/she shall deliver the juvenile to a holding location or other facility provided for by the Town of Greenfield.
C. 
The Chief of Police and his/her officers, agents, and designees are hereby granted the authority to issue trespass warnings in any public place within the Town of Greenfield, for the purpose of enforcing this chapter.
Following three or more violations of this chapter by a juvenile, the Town Attorney or a designated representative may contact the appropriate state agency and request an investigation of the juvenile's home as provided for by law.