[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:
Any park, lake, stream, stadium, athletic field, playground, schoolyard,
street, avenue, plaza, square, cemetery or any other place commonly opened
to the public.
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.
