[HISTORY: Adopted by the Town of Camden 8-29-1961. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Curfew
Ordinance of the Town of Camden."
A.
It is found and declared as a matter of legislative determination
and public policy that the provisions and prohibitions hereinafter
contained and enacted are in the pursuance of and for the purpose
of securing and promoting the public health, comfort, convenience,
safety, welfare, and prosperity and the peace and quiet of the Town
of Camden and its inhabitants. It is further found and declared that
the foregoing provisions and prohibitions are necessary in order to
curb juvenile delinquency and nocturnal crime resulting from the activity
of minors in the community. The prohibition on activities by minors
on the streets of the Town of Camden during the hours of curfew as
declared by this chapter reflect the increased frequency of nocturnal
crimes by minors during those hours and the potential for disruption
of the community and danger to both the inhabitants of the Town of
Camden and to minors resulting from congregations of minors on the
streets of the Town of Camden during the hours which curfew is established
herein. It is also recognized that those with parental authority should
be responsible for the whereabouts of their children.
B.
It is expressly declared that this chapter shall repeal and supersede
any existing curfew ordinance of the Town of Camden.
It shall be unlawful for any person who has not attained the age of 13 to remain in or upon the streets within the Town of Camden at night from a period beginning at 10:00 p.m. of one day and ending at 6:00 a.m. of the following day except where such activity is permissible activity as set forth in § 56-4 of this chapter or constitutes activity fitting within one of the exceptions in § 56-5 of this chapter. It shall be unlawful for any person who is more than 12 years old (that is, 13 years of age and above) but less than 18 years old to remain in or upon the streets within the Town of Camden at night during the period beginning at 11:00 p.m. and ending at 6:00 a.m. on the following day except where such activity is permissible activity as set forth in § 56-4 of this chapter or constitutes activity fitting within one of the exceptions in § 56-5 of this chapter.
In the following exceptional cases a minor remaining on a street of the Town of Camden during the hours for which such activity is proscribed by § 56-3 above shall not be deemed to violate the prohibitions of § 56-3:
A.
When that minor is accompanied by a parent, legal guardian, or other
person with legal custody of that minor.
B.
When that minor is accompanied by a person at least 21 years of age
who is authorized by parent, legal guardian, or other person with
legal custody of that minor to accompany or escort that minor to a
designated location.
A.
The following types of activity and conduct during the hours for which it is unlawful for a minor to remain on the streets of the Town shall not be deemed to constitute unlawful activity within the meaning of § 56-3 upon submission by the party charged with a violation of § 56-3 or any portion of this chapter of convincing evidence that said minor falls within one of the exceptions contained in § 56-5 of this chapter and that all requirements for qualification for any exception contained in said § 56-5 have been met:
(1)
The exercise by a minor of First Amendment rights protected by the
United States Constitution, such as the free exercise of religion,
freedom of speech and the right of assembly.
(2)
In instances of reasonable necessity, a minor may remain on the streets
of the Town of Camden during the proscribed period, but such activity
shall be lawful only in the event that such minor's parent, legal
guardian, or other person in lawful custody has communicated to the
Chief of Police of the Town of Camden in advance of said activity
the facts establishing the reasonable necessity for that activity,
which communication shall describe the activity of the minor; the
specified street or streets on which that activity shall occur; the
designated time for that activity; and the described purpose of the
activity, including both points of origin and destination. Such communication
of reasonable necessity shall be in writing if practicable and submitted
24 hours in advance of the instance of such activity by a minor, which
constitutes a claim of reasonable necessity. If written communication
of such reasonable necessity is not practicable, then said communication
shall be made by the appropriate person to the Chief of Police, or
to a police officer of the Town of Camden if said Chief is not available,
as soon as the facts supporting reasonable necessity are known. The
police officer receiving said communication shall make a report describing
the minor, the fact of reasonable necessity and the date, time and
location of the activity under this exception.
(3)
That a minor shall be permitted to remain on a sidewalk which abuts
that minor's place of residence but only if such activity is located
reasonably within the vicinity of that minor's residence.
(4)
A minor shall be permitted to return home by a reasonably direct
route from a school activity, municipally sponsored activity, activity
of a religious organization, or activity of a hospital so long as
the return trip does not continue more than 30 minutes after the foregoing
events. In aid of the enforcement of this chapter, organizers of any
school activity, municipally sponsored events, or activities of religious
organizations and hospital organizations shall be requested to provide
the Chief of Police with notice, in writing, of the place and probable
time of termination of any such events. In the absence of any such
prior notice, any minor or parent, legal guardian, or other person
in custody of that minor who claims that the activity of the minor
constitutes returning from home within the meaning of this subsection
must furnish evidence of conformity of that minor's activity with
this subsection, including but not limited to the place and time of
termination of the event from which the minor was returning.
(5)
A minor whose employment requires him to remain on the streets of
the Town of Camden during the prohibited time period shall not be
deemed in violation of this chapter so long as that minor carries
with him for presentation to a police officer a card of employment
which identifies the minor, the address of the minor's home, and his
place of employment, and the hours of employment. That card should
be signed by the Chief of Police, and that card shall expire within
90 days after the date of that signature. Cards of employment shall
be renewable upon application to the Chief of Police, and issuance
and renewal shall be subject to determination by the Chief of Police
that the applicant is employed in that position.
(6)
When necessary, recurring, nighttime activities of a minor may be
inadequately protected by other provisions of this chapter, then the
Town Manager may issue a special permit for such nighttime activities
as the circumstances warrant. Upon authorization by such special permit,
the minor so authorized shall carry that permit on his person when
engaged in nighttime activities. Application for such nighttime activities
shall be in writing, signed by the minor and parent, legal guardian
or other person with custody of the minor, and that written application
shall state:
(a)
The name, age and address of such minor;
(b)
The name, address and telephone number of the parent, legal
guardian or person with the custody thereof;
(c)
The height, weight, sex, color of eyes and hair and other distinguishing
characteristics of such minor;
(d)
The reason which requires such minor to remain upon the streets
during curfew hours otherwise applicable; and
(e)
The street or route on which the activity shall occur and the
period of time which the activity will encompass, including the beginning
and ending of the period by date and hour. The Town Manager may grant
such a special permit, in writing, upon receipt of information to
the satisfaction of the Town Manager that a compelling reason requires
the minor to remain upon the streets during the curfew hours otherwise
applicable.
B.
In an emergency which precludes application in writing for such special
permit, the Town Manager may, in his discretion, issue such a permit
after receipt of request for that permit orally, by telephone or otherwise,
subject to the condition that the Town Manager shall make a corresponding
record, in writing, of the request for the issuance of the permit,
which record shall contain the same information as required for a
written application. If the Town Manager is unavailable to receive
such a request or to issue such a permit, the Chief of Police shall
be authorized to act on behalf of the Town Manager to issue that permit.
It shall be unlawful for a parent, legal guardian, or any other person having legal custody of a minor to permit or by inefficient control to allow a minor to remain upon any streets of the Town of Camden as prohibited in § 56-3 of this chapter unless that activity constitutes permitted activity under § 56-4 or activity within an exception of § 56-5 of this chapter if such parent, legal guardian or person having legal custody of a minor knows or should have known that said minor was acting in violation of this chapter. The term "knows or should have known" includes knowledge which a parent, legal guardian or person with legal custody should reasonably be expected to have concerning the whereabouts of a minor in that person's legal custody. It is the expressed intention of this section that a reasonable community standard of parental responsibility be applied to the conduct of a parent charged with a violation of this section to determine whether that person in legal custody of a minor is violating this section.
A policeman who has reason to believe that a minor is in violation of § 56-3 of this chapter shall transport that minor to the Camden Police Station and shall thereupon notify the parent, legal guardian or other person in legal custody of that minor that the minor has been brought to the police station. The person with legal custody of the minor shall be asked to pick up the minor at the police station.
A.
In determining the age of a minor on a street of the Town of Camden,
the police officer shall use his best judgment in determining that
age.
B.
The police officer shall within 24 hours of the time of an incident
involving a minor in violation of this chapter file a written report
with the Chief of Police, concerning the violation, together with
the name of the minor, name of the person with legal custody of the
minor, date, time and place of the violation.
C.
The police officer shall release the minor to the parent, legal guardian
or other person with legal custody of the minor as soon as the parents
report the appropriate information. In the event that the appropriate
person with legal custody cannot be located or fails to take charge
of the minor, then the minor shall be released to the appropriate
juvenile authorities.
D.
In the event of a first violation by a minor under § 56-3, the Chief of Police shall send a written notice of said violation to the parent, legal guardian or other person with custody of the minor with a warning that any subsequent violation may result in imposition of the penalties contained in § 56-8 herein. This notice of first violation shall be sent by certified mail.
The following penalties shall be imposed after a second or any
subsequent violation of this chapter:
A.
In the event that a minor commits a second violation of this chapter and in the event that a warning notice pursuant to § 56-7 above of the first violation by a minor had been sent to the parent, legal guardian or other person with legal custody of the minor, that person shall be fined $25. That person shall be fined an additional $25 for each subsequent offense after the second offense by the minor (the fine for each offense thereafter shall be $50 for the second offense of the parent, $75 for the third offense of the parent, and increased by an additional $25 for each offense of the parent thereafter). The second offense of the minor shall then be considered the first offense of the parent in the event that the parent has been given the appropriate notice. Upon finding that the parent, legal guardian or other person in legal custody of the minor is guilty, the District Court Judge shall sentence that person to pay such fine, and the cost of prosecution; and upon refusal of such person to pay that fine and cost, the Judge may order that person to be imprisoned in the Knox County jail for a period not exceeding 10 days.
B.
Any minor that shall violate any of the provisions of this chapter
more than three times shall be reported by the Chief of Police to
the appropriate juvenile authorities, and proceedings shall be taken
before the Juvenile Court for the treatment, supervision and rehabilitation
of such minor.
As used in this chapter, unless the context otherwise clearly
indicates, the words and phrases used in this chapter are defined
as follows:
Chief of Police of the Town of Camden.
Any person who has not attained the age of 18; that is, any
person 17 years of age or under.
Any person having legal custody of a minor:
Activity of a minor that occurs on more than two nights during
any one-month period.
To stay behind, to tarry and to stay unnecessarily upon the
streets of the Town of Camden, including congregating of minors in
groups in which any minor involved would not be using the streets
for ordinary or serious purposes such as mere passage or going home.
A way or place, of whatsoever nature, open to the use of
the public for purposes of vehicular traffic or, in the case of sidewalks,
for pedestrian traffic. The term "street" includes the right-of-way,
including traffic lanes, the curb, and sidewalks whether paved or
unpaved, any grass plots or other grounds found within the right-of-way
of a street.
The Town of Camden.
Town Manager of the Town of Camden.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions of this chapter.
