Town of Millsboro, DE
Sussex County
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[HISTORY: Adopted by the Town Council of the Town of Millsboro 8-6-1990 by Ord. No. LII. Amendments noted where applicable.]
For the purposes of this chapter, the following definitions shall be applicable, unless the context clearly indicates to the contrary:
PUBLIC PLACE
Any park, lake, stream, stadium, athletic field, playground, schoolyard, street, avenue, plaza, square, cemetery or any other place commonly opened to the public.
STREET
All streets, avenues, highways, boulevards, parkways, roads, lanes, bridges, alleys and the approaches thereto, docks built for use of the public, curbs, sidewalks, recreation and park lands used for vehicular traffic or other public ways or thoroughfares in the town over which the town has jurisdiction.
It shall be unlawful for any person who has not attained the age of 16 years to be or remain upon any street or public place within the corporate limits of the Town of Millsboro after 11:00 p.m., prevailing time, unless such person is accompanied by a parent or guardian or other person having custody of such minor or unless in the performance of some duty or task directed by such parent or guardian or other person having custody or unless such person is in lawful employment or on a lawful errand making it necessary to be in such place after 11:00 p.m., prevailing time.
It shall be unlawful for any person having the legal care and custody of any person who has not attained the age of 16 years to allow or permit such person to go or be upon any public street or in any public place as restricted in this chapter, except in the case of necessity.
Every member of the police force of the Town of Millsboro, while on duty, is hereby authorized to detain any such minor willfully violating the provisions of this chapter until the parent or guardian of the child shall take him or her into custody, but such officer shall immediately, upon taking custody of the child, attempt to communicate with the parent or guardian.
Any child under the age of 16 years violating any of the provisions of this chapter shall be charged in the Family Court of the State of Delaware, in and for Sussex County, with being delinquent and, upon conviction thereof, shall be fined not less than $10 nor more than $25, together with such other penalties as the Court may deem to be in the best interest of the child, and shall pay the costs of prosecution.