Town of Sykesville, MD
Carroll County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[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.]
GENERAL REFERENCES
Loitering — See Ch. 105.
In this chapter, the following definitions apply:
ESTABLISHMENT
Any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited.
MINOR
Any person under the age of 18 years.
OPERATOR
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.
PARENT
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.
REMAIN
To loiter, idle, wander, stroll or play in or upon.
A. 
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.
B. 
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.
No parent shall knowingly permit any minor not exempted under § 75-2B to remain in or upon any public place or any establishment during the curfew hours as specified in § 75-2A.
No owner or operator of an establishment or his or her agents or employees shall knowingly permit any minor to remain upon the premises of said establishment between the curfew hours as specified in § 75-2A, unless the minor is exempted under § 75-2B.
A. 
Violations.
(1) 
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:
(a) 
Notify the minor that the minor is in violation of § 75-2A;
(b) 
Require the minor to tell the officer the minor's name, address, telephone number, and where to contact the minor's parent or guardian;
(c) 
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
(d) 
Order the minor to promptly go home.
(2) 
The chief of the local law enforcement agency shall send written notice of the violation of § 75-2A to the minor's parent or guardian.
B. 
Actions by local law enforcement agency. The local law enforcement agency may take the minor:
(1) 
To the minor's home, if appropriate; or
(2) 
Into custody and transport the minor to a local law enforcement station or designated curfew center when:
(a) 
The minor has received one previous written warning for a violation of the juvenile curfew ordinance;
(b) 
The local law enforcement officer has reasonable grounds to believe that the minor has committed a delinquent act; or
(c) 
Taking the minor into custody is authorized under § 3-8A-14 of the Courts Article of the Maryland Annotated Code.
C. 
Custody. When a minor is taken into custody for a violation of § 75-2A, the local law enforcement officer shall:
(1) 
Immediately notify the parent or guardian of the minor to come to the local law enforcement station to take custody of the minor; and
(2) 
Determine whether, consistent with constitutional safeguards, the minor or the parent or guardian, or both, is in violation of the juvenile curfew ordinance.
D. 
Release from custody.
(1) 
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.
(2) 
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.
E. 
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:
(1) 
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.
(2) 
Second offense: A second violation shall constitute a Class D municipal infraction as provided in Chapter 1, Article I, Municipal Infractions.
(3) 
Third and subsequent offenses: A third and all subsequent violations shall constitute a Class E municipal infraction as provided in Chapter 1, Article I, Municipal Infractions.