Town of Elsmere, DE
New Castle County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere 1-11-1979 by Ord. No. 140; amended in its entirety 5-30-1996 by Ord. No. 326. Amendments noted where applicable.]
GENERAL REFERENCES
Loitering — See Ch. 135.
For the purposes of this chapter, the following words and phrases shall be defined as follows:
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.
OFFICIAL TOWN TIME
Eastern standard time, except from the first Sunday in April to the last Sunday in October, when it means Eastern daylight saving time.
OPERATOR
Any individual, firm, association, partnership or corporation, or other entity operating, managing or conducting any establishment. When used in any clause prescribing a penalty, the term "operator," as applied to an association or partnership, includes the members or partners thereof and, as applied to a corporation, includes the officers thereof.
PARENT
Any natural or adoptive parent of a minor, a guardian of a minor or any adult person who is responsible for the care and custody of a minor.
PUBLIC PLACE
Any public street, highway, road, alley, park, playground, wharf, dock, public building or vacant lot.
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 10:00 p.m. and 6:00 a.m. of the following day, official Town time.
[Amended 1-12-2006 by Ord. No. 460]
B. 
The provisions of this section shall not apply to any minor who is accompanied by a parent, or to a minor who is upon an errand or other legitimate business directed by such minor's parent or to any minor who is engaged in gainful, lawful employment during the curfew hours.
C. 
This section shall not apply when a minor is returning home by way of a direct route from any activity that is sponsored by an educational, religious or nonprofit organization when such returning is within 60 minutes following the termination of the activity.
A. 
No parent shall knowingly permit any minor to remain in or upon any public place or establishment between the hours of 10:00 p.m. and 6:00 a.m. of the following day, official Town time.
[Amended 1-12-2006 by Ord. No. 460]
B. 
The provisions of this section shall not apply to any parent who accompanies a minor, or to a parent who directs a minor upon an errand or other legitimate business, or to any parent or a minor who is engaged in gainful, lawful employment during the curfew hours.
[Amended 1-12-2006 by Ord. No. 460]
No operator of an establishment or the agents or employees of the operator shall knowingly permit any minor, other than a minor who is an employee of the operator, to remain upon the premises of such establishment between the hours of 10:00 p.m. and 6:00 a.m. of the following day, official Town time.
A. 
Any police officer who finds a minor violating any provisions of this chapter shall obtain such information from such minor as to his name and address, age and the name of his parent or parents. The minor shall thereupon be instructed to proceed to his home forthwith. The information obtained from the minor shall be forwarded to the State of Delaware Division of Protective Services or the Family Court for such action as is deemed appropriate in accordance with the rules of the Family Court, and shall include a written notice to be mailed by the Public Safety Department to the parents of the minor advising of the violation of this chapter. The police officer may charge the minor with a curfew violation, the prosecution of which shall be in the Family Court, and may charge the minor's parent(s), or the operator(s), or both the parent(s) and the operators, as the case may be, with violation(s) of the provisions of this chapter, and the same shall be duly prosecuted in the court of appropriate jurisdiction.
B. 
Any parent who violates any provisions of this chapter after having received notice of a prior violation shall be fined in an amount not to exceed $600 and costs for each violation, and in default of payment thereof, shall be imprisoned for not more than 90 days.
C. 
Any operator of an establishment or any agent or employee thereof who violates any provisions of this chapter shall be fined in an amount not to exceed $600 and costs for each violation and, in default of payment thereof, shall be imprisoned for not more than 90 days.
D. 
Any violation of any provisions of this chapter shall constitute a separate offense.
E. 
No arrest of any minor, or parent, or operator shall be made for a violation of this chapter unless the arresting officer first affords the person an opportunity to explain his or her conduct, and no person shall be convicted of a violation of this chapter if it is determined at trial that the explanation so given was true and disclosed a lawful purpose.