[Adopted 5-16-2025 by Ord. No. 0525-01]
As used in this article, the following terms shall have the meanings indicated:
CARETAKER
An adult at least 18 years of age who is authorized by the juvenile's parent to be temporarily responsible for the parental care, custody, authority, safety, and any other parental responsibilities required to supervise the juvenile, such as but not limited to babysitters.
CURFEW HOURS
The hours between 11:00 p.m. and 5:00 a.m.
ESTABLISHMENT
Any privately owned place of business within the City operated for a profit, to which the public is invited, including, but not limited to, any place of amusement or entertainment. With respect to such establishment, the term "operator" shall mean any person, and any firm, association, partnership (and the members or partners thereof) and/or any corporation (and the officers thereof) conducting or managing that establishment.
JUVENILE or MINOR
Any person under 18 years of age who has not been emancipated in compliance with all State of Delaware regulations and procedures.
PARENT
Any person having legal custody of a juvenile as a natural or adoptive parent, as a legal guardian, as a person who stands in loco parentis or as a person to whom legal custody has been given by court order.
PUBLIC PLACE
Any place to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, roads, sidewalks, alleys, avenues, parks, and/or the common areas of schools, medical facilities, apartment houses, office buildings, transportation facilities and retail establishments. This definition does not include a lot containing and used with a residential dwelling if the minor is there with the consent of his or her parent and the owner or tenant who occupies the residential premises.
REMAIN
A. 
To linger or stay at or upon a place;
B. 
To fail to leave a place when requested to do so by a law enforcement officer or by the owner, operator or other person in control of that place; or
C. 
To cause or commit any of the conditions enumerated in § 198-24A.
UNACCOMPANIED JUVENILE
A juvenile, under the age of 18, unaccompanied by the juvenile's parent, guardian or caretaker.
A. 
It shall be unlawful for any minor under the age of 18 years to be on any public street or in a public place between the hours of 11:00 p.m. and 5:00 a.m. unless accompanied by the juvenile's parent or guardian or unless engaged in, or traveling to or from, a business or occupation which the laws of this state authorize a juvenile to perform.
B. 
It shall be unlawful for any parent or guardian to allow an unaccompanied juvenile to be on any public street or in any public place between the hours of 11:00 p.m. and 5:00 a.m.
C. 
It shall be unlawful for juveniles during the curfew hours to remain in or upon any public place within the City of Rehoboth Beach, Delaware, to remain in any motor vehicle operating or parked therein or thereon, and/or to remain in or upon the premises of any establishment within the City unless accompanied by the juvenile's parent or guardian or unless engaged in, or traveling to or from, a business or occupation which the laws of this state authorize a juvenile to perform.
D. 
A parent, or caretaker, of a juvenile commits an offense if they knowingly permit, allow, or encourage, or by insufficient control of the juvenile allow, the juvenile to remain in or upon any public place within the City of Rehoboth Beach, Delaware, to remain in any motor vehicle operating or parked therein or thereon, and/or to remain in or upon the premises of any establishment within the City during curfew hours.
E. 
It shall be unlawful for a person who is the owner or driver of any motor vehicle to knowingly permit, allow or encourage a violation of this section.
F. 
It shall be unlawful for the operator of any establishment, or for any person who is an employee thereof, to knowingly permit, allow, or encourage a juvenile to remain upon the premises of the establishment during curfew hours. It is the duty of the establishment owner to use all reasonable means to ascertain whether any person who enters or remains on the premises is in fact 18 years of age or older.
G. 
It shall be unlawful for any person, including any juvenile, to give a false name, address, or telephone number to any officer investigating a possible violation of this section.
It is not a violation of § 198-46 unless the officer first affords the person an opportunity to explain his or her conduct, and no person shall be convicted of a violation of this chapter if it is determined at trial that the explanation so given was true and disclosed a lawful purpose. More specifically, the following shall be considered affirmative defenses to prosecution under this article:
A. 
The juvenile is accompanied by a parent, legal guardian, or caretaker;
B. 
The juvenile may remain out past curfew on a sidewalk and/or another property directly abutting or adjacent to a place where the juvenile resides with a parent, legal guardian, or caretaker until the property owner or a member of the general public complains of the juvenile's presence during curfew hours to the local law enforcement department;
C. 
The juvenile is attending any recreational activities supervised by adults and sponsored by, held, or located at schools, religious organizations, any recreational activity sponsored by the City of Rehoboth Beach, Delaware, or attending any other organizational function so long as the organizational function assumes responsibility for the juvenile's care, safety, and well-being through providing adult supervision of the juvenile. The juvenile may travel unsupervised to and from these specified activities without detour during curfew hours;
D. 
The juvenile is involved in interstate travel in any means of transportation through, either beginning, throughout, or terminating, in the City of Rehoboth Beach, Delaware;
E. 
The juvenile is engaged in an employment activity or is going to or returning to their place of stay from such employment activity, without detour or stop;
F. 
All travel necessary for the juvenile to attend employment and then to return to their place of stay without detour;
G. 
The juvenile is involved in an emergency;
H. 
The juvenile is married or had been married or had disabilities of minority removed in accordance with state law;
I. 
It is a affirmative defense to prosecution under this article that the owner, operator, or employee of an establishment or driver of a motor vehicle promptly notified the City of Rehoboth Beach, Delaware, Police Department that a juvenile was present on the premises of the establishment or in the motor vehicle during curfew hours and the juvenile refused to leave. Additionally, it shall be an affirmative defense that the minor who has violated this section presented to the establishment owner identification, with a photograph of such individual affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was not a minor; or
J. 
The juvenile is exercising First Amendment rights protected by the United States Constitution, such as but not limited to the free exercise of religion, freedom of speech, and the right of assembly in which the juvenile or the juvenile's parent, legal guardian, or caretaker must notify the City of Rehoboth Beach, Delaware, Police Department at least 24 hours in advance in order for the City of Rehoboth Beach, Delaware, to comply with all State of Delaware regulations, such as but not limited to directives, executive orders, and enacted legislative acts.
[Amended 11-21-2025 by Ord. No. 1125-02]
A. 
Procedures. Any police officer who finds a minor violating any provisions of this article shall obtain such information from such minor as to his or her name and address, age and the name of his parent(s) or guardian. The officer shall make every reasonable effort to contact the minor's parent(s) or guardian if the minor is to be detained or arrested. The minor shall thereupon be instructed to proceed to his or her home forthwith. A police officer may thereafter, in accordance with the provisions of this article, charge the minor with a curfew violation, and may charge the minor's parent(s), as the case may be, with violation(s) of the provisions of this article. For each violation, an appearance by the minor child and their parent(s) or guardian before the Alderman is required before a penalty can be imposed. The City of Rehoboth Beach Alderman shall have jurisdiction in all proceedings concerning alleged violations of this article and shall be responsible for the imposition of penalties.
B. 
Penalties. Any minor child or parent(s) of the minor child who violate any provision of this article may incur a civil fine established in the City Schedule of Fees and Penalties,[1] plus court costs for the first offense and may incur a civil fine established in the City Schedule of Fees and Penalties and costs for each subsequent violation. Any violation of any provision of this article shall constitute a separate offense.
[1]
Editor's Note: The City Schedule of Fees and Penalties is on file in the City offices.