[HISTORY: Adopted by the Township Council of the Township of Burlington 3-13-2007 by Ord. No. 07-OR-004. Amendments noted where applicable.]
As used in this chapter, the following definitions will apply:
CIVIC OR GOVERNMENT EVENT
An activity that is sponsored by a federal, state, county or local government body or agency or an organization that is devoted to providing various public services to its citizens and/or facilitating public discussion and dissemination of information relating to the rights, obligations and responsibilities of the various branches of government and the citizens of the government.
CURBSIDE WARNING
An informal "talking-to" – One that typically arises when an officer observes a juvenile engage in some minor act of delinquency. The conversation occurs in the community, not at the Police Department, and can be as simple as an officer telling a teenager to "knock it off" without any further formal proceedings. Curbside warnings demonstrate to juveniles that officers are present to give guidance, direction, and assistance, and not simply to take them into custody.
[Added 8-24-2021 by Ord. No. 2021-OR-025]
CULTURAL EVENT
A live performance that is devoted to the public exposition of a work of art, music or literature, including exhibitions, plays and other theatrical performances, concerts and similar exhibitions performed at theaters, arenas, stadiums and educational institutions.
EXTRACURRICULAR SCHOOL ACTIVITY
An event that is outside the regular curriculum or program of courses of study, including athletic, cultural and other events of official school clubs and organizations.
GUARDIAN
A person other than a parent to whom legal custody of the juvenile has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile.
JUVENILE
An individual who is under the age of 18 years.
MEDICAL OR OTHER EMERGENCY
An unforeseen combination of circumstances or the resulting state that calls for immediate action. The terms shall include, but not be limited to, a fire, natural disaster, vehicular accident or a serious medical condition of a sudden onset.
PARENT
The natural mother or father or adopted mother or father of the juvenile.
PUBLIC PLACE
Any place to which the public has access, including, but not limited to, a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area.
RELIGIOUS ORGANIZATION
A body of persons adhering to a particular set of beliefs and practices generally agreed upon by a number of persons or sects.
SOCIAL EVENT
An activity consisting of a gathering or party or similar event given by an organized group within the community, such as a church, school, cultural, civic, or government organization.
A. 
It shall be unlawful for any juvenile to be on or remain on or upon any public place within the Township of Burlington between the hours of 11:00 p.m. and 5:00 a.m. unless accompanied by the juvenile's parent or guardian.
B. 
It shall be unlawful for a juvenile to be on or remain on or upon any public place within the Township of Burlington from October 28 through November 2, inclusive, of each calendar year between the hours of 10:00 p.m. and 5:00 a.m., unless accompanied by the juvenile's parent or guardian.
C. 
It shall be unlawful for the parent or the guardian having legal custody of the juvenile to knowingly allow or permit the juvenile to be in violation of the curfew imposed in Subsections A and B above.
The juvenile and/or the parent or guardian of the juvenile shall not be considered to be in violation of this chapter under the following circumstances:
A. 
The juvenile was accompanied by his parent or guardian.
B. 
The juvenile was accompanied by an adult designated by his parent or guardian.
C. 
The juvenile was on an errand made necessary by a medical or other emergency.
D. 
The juvenile was attending a cultural, civic/government, extracurricular school, social and/or an event sponsored by a religious organization or was traveling to or from such events.
E. 
The juvenile was engaged in a lawful employment activity or was going to or coming from that lawful employment activity.
F. 
The juvenile is engaged in the performance of a specific errand at the direction of the parent or guardian of the juvenile.
G. 
The juvenile is going to or coming from a visit with relatives of the juvenile with the specific permission and direction of his parent or guardian.
H. 
The juvenile going to or returning from participation in an athletic, cultural, civic/government, extracurricular, social or religious event sponsored by a private organization not specifically set forth above with the expressed direction and permission of his parent or guardian.
[Amended 8-24-2021 by Ord. No. 2021-OR-025]
A. 
If a police officer reasonably believes that a juvenile is in a public place in violation of this chapter, and the juvenile is unable to provide information to enable the police officer to determine that an exception applies, the officer shall issue a curbside warning for the first violation of the curfew. The juvenile shall be requested to provide the juvenile's name, age, address and telephone number and information which will enable the officer to contact the juvenile's parent or guardian. If practical, the officer shall transfer the juvenile to the juvenile's parent or guardian at the scene, or shall transport the juvenile to the juvenile's residence. If the parent or guardian cannot be located, or fails to take custody of the juvenile, and the officer determines it to be in the juvenile's best interests to assure the juvenile's safety, the juvenile may be transported to the police station where the juvenile shall be released to the appropriate juvenile law enforcement authority or, in appropriate cases, the juvenile may be entrusted to an adult neighbor or other adult who will, on behalf of the parent or guardian, assume responsibility for the juvenile. Within 24 hours of the violation, the police officer who is responsible for taking the juvenile into custody shall file a written report in a form prescribed by the Director of Public Safety.
B. 
In the case of the first violation, the Director of Public Safety, or the Director's designee, shall ensure the juvenile's parent(s) or guardian(s) receive written notice of the violation. The notice shall advise the parent or guardian that there are no penalties for the first offense but any subsequent violation will result in the imposition of monetary or other penalties upon the juvenile and possibly the parent or guardian. The notice shall also inform the parent or guardian that a subsequent violation will require the performance of community service by the juvenile and, in the event that the juvenile's parent or guardian violates this chapter, the parent or guardian shall also be required to perform community service together with the juvenile.
A. 
In the event of a subsequent violation after the warning notice is provided as set forth above, a conviction shall require the performance of community service by the juvenile. If both the juvenile and the juvenile's parent or guardian are convicted of the violation of this chapter, they shall be required to perform community service together. This community service requirement shall also apply to any second and subsequent offenses as well.
B. 
In the event of a conviction for a first offense, a fine of $100 shall be imposed. For a second offense, a fine of $150 shall be imposed. For each subsequent offense, the fine shall be increased by an additional sum of $50, with the amount not to exceed $1,000.