[HISTORY: Adopted by the Mayor and Council
of the City of Hagerstown 10-28-2003 by Ord. No. 2003-37.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 79, Curfew for Juveniles, adopted 9-26-1995 by Ord. No.
1995-31.
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein.
The City of Hagerstown, Maryland, with administrative offices
at 1 East Franklin Street, City Hall, Hagerstown, Maryland 21740.
An unforeseen circumstance or combination of circumstances
that requires immediate action. This term includes but is not limited
to a fire, natural disaster, automobile accident or any situation
requiring immediate action to prevent serious bodily injury, loss
of life or extensive property damage.
For the purposes of this chapter, a juvenile is any unmarried,
unemancipated person under 17 years of age.
[Amended 10-28-2014 by Ord. No. O-14-21]
Any person having legal custody of a juvenile as a natural
step or adoptive parent, a legal guardian, a person over the age of
18 who stands in loco parentis or a person to whom legal custody has
been given by court order.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, sidewalks,
alleys, common areas of schools, shopping centers, parking lots, playgrounds,
transportation facilities, theaters, restaurants, shops, bowling alleys,
taverns, cafes, arcades and similar areas that are open to the use
of the public.
[Amended 10-28-2014 by Ord. No. O-14-21]
It shall be unlawful, unless otherwise provided
herein, for any juvenile to be or remain in or upon a public place
within the City of Hagerstown during the following periods:
The following shall constitute valid exceptions
and defenses to the operation of this chapter:
A.
When a juvenile is accompanied by the juvenile's parent.
B.
When a juvenile is attending or returning home by
a direct route without any unnecessary detour or stop from a City
event, a school activity or an activity of a religious or civic organization,
or of a place of public entertainment, such as a movie, play or sporting
event.
C.
When the juvenile is engaged in a legal employment
activity or is returning from or going to his or her place of employment
by a direct route.
D.
When a juvenile, with consent of his or her parent,
is engaged in interstate travel through the City, or beginning or
ending in the City.
E.
When a juvenile is on the property where the juvenile
resides, or on the sidewalk abutting the juvenile's residence.
F.
When a juvenile is exercising his or her First Amendment
rights protected by the United States Constitution, including the
rights of freedom of speech, assembly and the exercise of religion,
after providing the Chief of Police with advance written notice of
the time, place and manner of the exercise of such rights, signed
by the juvenile and his or her parent.
G.
In case of an emergency.
It shall be unlawful for a parent or guardian having legal custody of a juvenile to knowingly permit the juvenile to remain in any public place in violation of § 79-2 hereof. The term "knowingly" includes actual knowledge and knowledge that a parent should reasonably be expected to have concerning the whereabouts of a juvenile in that parent's care and custody.
A.
Any juvenile who shall violate any of the provisions of this chapter
may be charged with having committed a misdemeanor, punishable by
a fine not to exceed $500, and be prosecuted in accordance with Maryland
Law.
[Amended 9-15-2015 by Ord. No. O-15-24]
