[Added 6-10-1996]
7-501.1.
Purpose and Findings. Town Council may invoke and remove the Youth Protection Curfew at their discretion.
7-501.2.
Definitions. For the purpose of this section, the following words and phrases shall have the following meanings:
(a)
CURFEW HOURS — Means 11:00 P.M. until 5:00 A.M. on any and all seven days of the week.
(b)
EMERGENCY — Means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(c)
ESTABLISHMENT — Means any privately owned place of business operated for a profit to which the public is invited including, but not limited to, any place of amusement or entertainment.
(e)
MINOR — Means any person less than 17 years of age.
(f)
OPERATOR — Means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
(h)
PUBLIC PLACE — Means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, parks, playgrounds and the common areas of schools, hospitals, apartment houses, office buildings, commercial or industrial buildings, transport facilities, shops and businesses.
7-501.3.
Offenses.
(a)
A minor commits an offense if he/she remains, either on foot or in a vehicle, in any public place or on the premises of any establishment within the Town of Southbridge during youth protection curfew hours.
(b)
A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain, either on foot or in a vehicle, in any public place or on the premises of any establishment within the town during youth protection curfew hours.
(c)
The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during youth protection curfew hours.
7-501.4.
Defenses.
(a)
It is a defense to prosecution under Section 7-501.3(a) and (b) that the minor was:
(1)
Accompanied by the minor’s parent or guardian,
(2)
On an errand at the direction of the minor’s parent or guardian, without any detour or stop,
(3)
In a motor vehicle involved in interstate travel,
(4)
Engaged in an employment activity, or going to or returning home from an employment activity, without detour or stop,
(5)
Involved in an emergency,
(6)
On the sidewalk abutting the minor’s residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor’s presence,
(7)
Attending an official school, religious, or other activity supervised by adults and sponsored by the Town of Southbridge, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the Town of Southbridge, a civic organization or other similar entity that takes responsibility for the minor,
(8)
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, or
(b)
It is a defense to prosecution under Section 7-501.3(c) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during youth protection curfew hours and refused to leave.
7-501.5.
Enforcement. Enforcement for violation of this section shall be by noncriminal disposition as hereinafter provided. Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place or on the premises of an establishment. The officer shall not issue a notice to appear under Section 7-501.6 for a violation of this section unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances, no defense under Section 7.501.4 is applicable.
7-501.6.
Penalty.
(a)
Non-Criminal Disposition – Any person who violates any provision of this section may be penalized by a non-criminal disposition as provided for under MGL Chapter 40, Section 21D, as amended. This section shall be enforced by a police officer of the Town of Southbridge who shall issue a "Notice to Appear" in court. The penalty for each violation shall be under Schedule of Penalties A through C, for each day or part of a day during which the violation is committed, continued or permitted. A copy of the "Notice to Appear" in court which is given to a minor shall be forwarded to the parent(s) or guardian(s) of said minor for informational purposes.
7-501.7.
Conclusion. The Youth Protection Curfew By-law is a tool established for the protection of children. Judgment and discretion should be used fairly and equally in enforcing this By-law. Juveniles who are contacted in violation of the curfew By-law can be warned, directed to go to their home, may be taken to their home, summonsed to court, arrested and taken into custody, or issued a non-criminal violation notice to appear. The officer should choose an appropriate enforcement option based upon all the circumstances encountered.
7-501.8.
Construction and Severability. Severability is intended throughout and within the provisions of this By-law. If any provision, including inter alia, any exception, part, phrase or term or the application of a provision to any person or circumstances is held to be invalid, other provisions or the application of a provision to other persons or circumstances shall not be affected thereby. It is intended that the By-law would not be applied where its application would be unconstitutional.