§ 58-163. Enforcement.

A curfew applicable to minors is established and shall be enforced as follows:

(1)

Time limits. It is unlawful for any minor under the age of 18 years to be or remain upon any public place in the town between 1:00 a.m. and 5:00 a.m. on Saturday, or between 1:00 a.m. and 5:00 a.m. on Sunday, or between the hours of 12:01 a.m. and 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday or Friday.

(2)

Time limits for minors under the age of 16 years. It is unlawful for any minor under the age of 16 years to be or remain upon any public place in the town between 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, Thursday, Friday or Saturday, and 5:00 a.m. of the following day.

(3)

Out of school suspensions time limit. It is unlawful for any minor under the age of 16 years who has been suspended from school or has failed to attend school for any reason during regular school hours, who is not in the company of a parent or guardian, to be or remain upon any public place in the town between the hours of 7:30 a.m. and 3:30 p.m. on any school day.

(4)

Responsibility of adults. It is unlawful for any parent, guardian or other person charged with the care and custody of any minor to allow or permit such minor to be in or upon, or remain in or upon a public place in the town within the applicable curfew hours set by subsections (1), (2) and (3) of this section, except as otherwise provided in section 58-164. A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within the town during the restricted hours. The term "knowingly" includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent's legal custody. This requirement is intended to hold a neglectful or careless parent up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor.

(5)

Responsibility of business establishments. It is unlawful for any person operating a place of business or amusement to allow or permit any minor to be in upon, or to remain in or upon, any place of business or amusement operated by them within the applicable curfew hours set by subsections (1), (2) and (3) of this section, except as otherwise provided in section 58-164. The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during the restricted hours. The term "knowingly" includes knowledge that an owner, operator or employer should reasonably be expected to have concerning the patrons of an establishment. The standard for the term "knowingly" shall be applied through an objective test: whether a reasonable person in the operator's or employee's position should have known that the patron was a minor in violation of this section.

(6)

Aiding and abetting by adult, guardian or parent. It is unlawful for an adult, guardian or parent to allow, permit, encourage, aid or abet a minor in the violation of subsections (1), (2) or (3) of this section, except as otherwise provided in section 58-164.

(Code 1985, § 131.01; Code 1999, § 58-163; Ord. of 4-15-1996(3), § 131.01(c))