[HISTORY: Adopted by the Mayor and Council of the Town of Sykesville 11-9-1976 by Ord. No. 107; amended in its entirety 10-14-2008 by Ord. No. 270. Subsequent amendments noted where applicable.]
Loitering — See Ch. 105.
In this chapter, the following definitions apply:
- 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 parent of a minor, a parent by legal adoption, a guardian, or any person 21 years of age or over, responsible for the care and custody of a minor.
- PUBLIC PLACE
- Any sidewalk, street, highway, road, lane, alley, parking lot, park, playground, vacant lot not privately owned, any public building or any other place to which the public has access and a right to resort for business, entertainment, or other lawful purpose.
- To loiter, idle, wander, stroll or play in or upon.
No minor shall remain in or upon any public place or any establishment between the hours of 12:00 midnight and 6:00 a.m. official Town time.
The provisions of this section shall not apply to any minor accompanied by a parent, relative at least 21 years of age or other person at least the age of 21 years or to a minor upon an errand directed by such minor's parent, or to a minor attending a cultural, scholastic, athletic, or recreational activity supervised by a bona fide organization, including going directly to and from such a cultural, scholastic, athletic, or recreational activity and the minor's place of residence, or to any minor who is employed in gainful, lawful employment, including going directly to and from such gainful, lawful employment during the curfew hours set forth in § 75-2A.
If a law enforcement officer reasonably believes that a minor is in a public place or on the premises of an establishment in violation of § 75-2A, the officer shall:
Require the minor to tell the officer the minor's name, address, telephone number, and where to contact the minor's parent or guardian;
Issue the minor a written warning that the minor is in violation of the juvenile curfew ordinance if the violation constitutes a first offense; and
Order the minor to promptly go home.
Actions by local law enforcement agency. The local law enforcement agency may take the minor:
To the minor's home, if appropriate; or
Into custody and transport the minor to a local law enforcement station or designated curfew center when:
The minor has received one previous written warning for a violation of the juvenile curfew ordinance;
The local law enforcement officer has reasonable grounds to believe that the minor has committed a delinquent act; or
Taking the minor into custody is authorized under § 3-8A-14 of the Courts Article of the Maryland Annotated Code.
Custody. When a minor is taken into custody for a violation of § 75-2A, the local law enforcement officer shall:
Release from custody.
When a parent or guardian arrives at the local law enforcement station as a result of § 75-5C, and the appropriate information is recorded, the minor shall be released to the custody of the parent or guardian.
If the parent or guardian cannot be located or fails to take charge of the minor, then the minor shall be released to the local Department of Social Services, the Department of Juvenile Services, or to another adult who will, on behalf of the parent or guardian, assume the responsibility of caring for the minor pending the availability or arrival of the parent or guardian.
Violations and penalties. Any violation of the provisions of this chapter shall constitute a municipal infraction. Municipal infractions may be issued to a minor; parent or guardian of a minor; or an owner, operator, or employee of an establishment. The penalties for such municipal infractions shall be as follows:
First offense: notice of violation without fine. Notice is presumed to be received if it is deposited in a depository for mailing United States mail, properly addressed and with the proper first-class postage paid. Mailings may be shown by the records of the sending agency made in the regular course of its business.