[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:
Any privately owned place of business carried on for a profit
or any place of amusement or entertainment to which the public is
invited.
Any person under the age of 18 years.
Eastern standard time, except from the first Sunday in April
to the last Sunday in October, when it means Eastern daylight saving
time.
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.
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.
Any public street, highway, road, alley, park, playground,
wharf, dock, public building or vacant lot.
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.
