Town of Bridgeville, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Town of Bridgeville: Art. I, 8-24-1967 by Ord. No. 520; Art. II, 11-11-1996 by Ord. No. 115. Amendments noted where applicable.]
GENERAL REFERENCES
Emergency curfew — See Ch. 19.
Amusement devices — See Ch. 80.
[Adopted 8-24-1967 by Ord. No. 520]
Three days before and three days after Halloween, it shall be unlawful for any children under the age of 18 years to be on the streets or alleys in the Town of Bridgeville after 9:00 p.m., unless accompanied by one or both parents. Any children out after the curfew hour will be in violation of this article.
The parents will be responsible to see that their child or children are off the streets before the hour established in this article.
It shall be unlawful for any child to be trick-or-treating other than the night before designated as Halloween.
It shall be unlawful for any child to be trick-or-treating after 8:00 p.m.
It shall be unlawful for anyone to deface or destroy personal or public property.
It shall be unlawful to throw water balloons, apples, pumpkins or any other objects at any moving or parked vehicles or at any window, doors or people.
It shall be unlawful for anyone to be in the cemeteries after the hour of darkness.
It shall be unlawful for any parent or friend whose residence is not that of Bridgeville to bring their child or children to the Town of Bridgeville so that the child or children can go trick-or-treating.
Whoever violates any section of this article of the Code of the Town of Bridgeville shall be fined not less than $5 nor more than $25. If the second offense shall occur within 72 hours, he or she shall be fined not less than $25 nor more than $50, and the parents shall be responsible for their child's behavior and all fines.[1]
[1]
Editor's Note: Original Section 10, which immediately followed this section and dealt with the jurisdiction of the Aldermen, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Adopted 11-11-1996 by Ord. No. 115]
It shall be unlawful for any person under the age of 17 years to congregate, loiter, wander, stroll, stand or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, places of employment, vacant lots or any public places in the Town of Bridgeville, either on foot or in or upon any conveyance being driven or parked thereon, between the hours of 11:00 p.m., local time, until 6:00 a.m. on all nights of the week except Friday and Saturday nights, which shall be from 12:00 midnight, local time, until 6:00 a.m., unless accompanied by his or her parent, guardian or other adult person having his or her care, custody or control.
It shall be unlawful for the parent, guardian or other adult person having the care and custody of a person under the age of 17 years to suffer or permit by insufficient control to allow such person to congregate, loiter, wander, stroll, stand or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, places of employment, vacant lots or any public places in the Town of Bridgeville, either on foot or in or upon any conveyance being driven or parked thereon, between the hours of 11:00 p.m., local time, until 6:00 a.m. on all nights of the week except Friday and Saturday nights, which shall be from 12:00 midnight, local time, until 6:00 a.m., unless accompanied by his or her parent, guardian or other adult person having his or her care, custody or control.
It shall be unlawful for any person, firm or corporation operating places of amusement or entertainment or any agent, servant or employee of any person, firm or corporation to permit any person under the age of 17 years to enter or remain in such places of amusement or entertainment during the hours prohibited under this section, unless such person is accompanied by his or her parent, guardian or other adult person having his or her care, custody or control.
The following shall constitute valid exceptions to the operation of this article.
A. 
When a person under the age of 17 is assisting in an actual emergency.
B. 
When a juvenile is returning home by a direct route (without any unnecessary detour or stop) from and within one hour of the termination of any school activity or an activity of religious or other voluntary association.
C. 
When a juvenile is married.
A. 
If a police officer reasonably believes that a juvenile is in a public place in violation of this article, the officer shall notify the juvenile that he or she is in violation of this article, and shall require the juvenile to provide his or her name, address and telephone number and how to contact his/her parent or guardian. In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate, a police officer shall, in the first instance of violation of this article, use his or her best judgment in determining age.
B. 
The police officer shall issue the juvenile a written warning that the juvenile is in violation of this article and order the juvenile to go promptly home. The Chief of Police shall send the parent or guardian of the juvenile written notice of the violation pursuant to Subsection F.
C. 
Police procedures shall constantly be refined in the light of experience and may provide that the police officer may deliver to a parent or guardian thereof a juvenile under appropriate circumstances; for example, a juvenile of tender age, near home, whose identity and address may readily be ascertained or are known.
D. 
Notwithstanding Subsection B of this section, when a juvenile has received one previous written warning for violation of this ordinance or a police officer has reasonable grounds to believe that the juvenile has engaged in delinquent conduct, the procedure shall then be to take the juvenile to the police station where a parent or guardian shall immediately be notified to come for the juvenile, whereupon the parent or guardian and the juvenile shall be questioned. This is intended to permit ascertainment, under constitutional safeguards, of relevant facts and to centralize responsibilities in the person designated there and then on duty for accurate, effective, fair, impartial and uniform enforcement and recording, thus making available experienced personnel and access to information and records.
E. 
When a parent or guardian, immediately called, has come to take charge of the juvenile and the appropriate information has been recorded, the juvenile shall be released to the custody of such parent or guardian. If the parent or guardian cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to the juvenile authorities, except to the extent that in accordance with police regulations, approved in advance by juvenile authorities, the juvenile may temporarily be entrusted to an adult, neighbor or other person who will, on behalf of a parent or guardian, assume the responsibility of caring for the juvenile pending the availability or arrival of a parent or guardian.
F. 
In the case of a first violation of this article by a juvenile, the Chief of Police shall, by certified mail, send to a parent or guardian written notice of the violation with a warning that any subsequent violation will result in full enforcement of this article, including enforcement of parental responsibility and of applicable penalties.
G. 
For the first violation of this article by an operator of an establishment who permits a juvenile to remain on the premises, a police officer shall issue a written notice of the violation with a warning that any subsequent violation will result in full enforcement of this article, including enforcement of operator responsibility and of applicable penalties.
H. 
In any event, the police officer shall within 24 hours file a written report with the Chief of Police or shall participate to the extent of the information for which he or she is responsible in the preparation for a report on the curfew violation. It is not the intention of this section to require extensive reports that will prevent police officers from performing their primary police duties. The reports shall be as simple as is reasonably possible and may be completed by police departmental personnel other than sworn police officers.
A. 
If, after the warning notice pursuant to § 114-14 of a first violation by a juvenile, a parent violates § 114-11 (in connection with second violation by the juvenile), this shall be treated as first offense by the parents. For the first offense by a parent, the fine shall be $50 and, for each subsequent offense by a parent, the fine shall be increased by an additional $20, e.g., $70 for the second offense, $90 for the third offense. The Judge of the Family Court of the State of Delaware, upon finding a parent guilty, shall sentence the parent to pay this fine and the cost of prosecution.
B. 
The parent or legal guardian having custody of a juvenile subject to this section shall be liable for all costs incurred by the town for providing personnel to remain in the company of a juvenile who has been detained as a curfew violator if the parent or guardian does not pick up the juvenile within one hour after receiving notice from the town that the town is detaining the juvenile for a curfew violation. The amount to be paid by the parent or guardian shall be based on the hourly wage of the town employee who is assigned to remain with the juvenile, plus the cost of benefits for that employee.
C. 
The parent or legal guardian having custody of a juvenile subject to this section shall be liable for any fine or condition of restitution or reparation imposed by a court upon a curfew violation, provided that the curfew violator has not paid the fine or made restitution or reparation within the time order by the court, and further provided that the parent or legal guardian has been made a party defendant in all enforcement proceedings against the curfew violator and shall be served with all citations, summons, complaints, notices and other documents required to be served on the curfew violator defendant.
D. 
Any juvenile who shall violate any of the provisions of this article more than three times shall be reported to the Chief of Police to the juvenile authorities as a juvenile in need of supervision, and the Chief of Police may proceed to file such charges with the courts as he or she may deem appropriate.
E. 
If, after warning notice pursuant to § 114-14 of a violation of this article, an operator of an establishment violates § 114-12 a second time, this shall be treated as a first offense by an operator, the fine shall be $50, and for each subsequent offense by an operator, the fine shall be increased by an additional $20, e.g., $70 for the second offense, $90 for the third offense.