§ 14-91. Youth protection.

(a)

Purpose. The purpose of this article is to protect juveniles from victimization and exposure to criminal activity by establishing a curfew for juveniles under the age of 16 years in the town. The youth protection article is intended to reinforce and promote the role of the parent in raising and guiding children and promote the health, safety and welfare of both juveniles and adults by creating an environment offering better protection and security for all concerned.

(b)

Definitions. For the purpose of this article, the following words and phrases shall have the following meanings:

(1)

Direct route: The shortest reasonable path of travel or commonly used route to reach a final destination without any detour or stop along the way.

(2)

Emergency: An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or death. This term shall include any action that is reasonably necessary to respond to the medical needs of a family member of the juvenile regardless of whether the juvenile's action is taken in order to prevent serious bodily injury or death.

(3)

Establishment: Any privately owned place of business operated for profit to which the public has access or is invalid, including but not limited to any place of amusement or entertainment.

(4)

Guardian: A person who is court-appointed to be the guardian of a juvenile.

(5)

Juvenile: A person under the age of 16 years.

(6)

Owner/operator: An individual, firm, association, partnership or corporation operating, managing or conducting any establishment, including the employees, members or partners of an association or partnership and the officers of a corporation.

(7)

Parent: A person who is a natural parent, adoptive parent, foster parent or step-parent of another person, or a person to whom legal custody has been given by court order.

(8)

Public place: Any place that is generally open to and used by the public or a substantial group of the public, whether it be publicly or privately owned. Public places include, by way of illustration but not limitation, parking lots, transportation facilities, theaters, restaurants, shops, bowling alleys, schools and school grounds, places of business and amusement, playgrounds, parks and other common areas that are open or accessible to the public.

(9)

Remain: To linger or stay in a public place, or to fail to leave the premises when requested to do so by a police officer, or to fail to leave the premises of an establishment when requested to do so by the owner/operator or employee of the establishment.

(10)

Restricted hours: The time of night referred to herein is based upon the prevailing standard of time, whether eastern standard time or daylight savings time, generally observed at that hour by the public in the town. Restricted hours shall mean:

a.

11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and

b.

12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.

(c)

Offenses. Except as provided by subsection (d), the following offenses constituted a violation of this article:

(1)

A juvenile commits an offense by being present in or remaining in any public place or on the premises of any establishment within the town during the restricted hours.

(2)

A parent or guardian of a juvenile commits an offense if he knowingly permits or by insufficient control, allows the juvenile to remain in any public place or 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 juvenile in the parents custody. This requirement is intended to hold a neglectful or careless parent up to a reasonable community standard or 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 juvenile.

(3)

The owner, operator or any employee of an establishment commits an offense if he knowingly allows a juvenile to remain upon the premises of the establishment during the restricted hours. The term "knowingly" includes knowledge that an operator or employer should reasonably be expected to have concerning the patrons of an establishment. The standard for "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 juvenile, present in violation of this article.

(4)

It shall be a violation of this article for any person 16 years of age or older to aid and abet a juvenile in the violation of subsection (c)(1).

(5)

It shall be a violation of this article for a parent or guardian to refuse to take custody during the restricted hours of a juvenile for whom the parent or guardian is responsible.

(d)

Exceptions. A juvenile who is in a public place or establishment during the restricted hours shall not be in violation of this article if the juvenile is:

(1)

Accompanied by his parent or guardian; or

(2)

Accompanied by an adult 18 years of age or older authorized by the parent or guardian of such juvenile to take the parent or guardian's place in accompanying the juvenile for a designated period of time and purpose within a specified area; or

(3)

On an errand, using a direct route, at the direction of the juvenile's parent or guardian until the hour of 12:30 a.m.; or

(4)

With parental consent, in a motor vehicle engaged in interstate travel through the town, or originating or terminating in the town; or

(5)

Traveling in a motor vehicle with a parent or guardian, or traveling in a motor vehicle with an adult 18 years of age or older authorized by the parent or guardian of such juvenile to take the parent or guardian's place in accompanying the juvenile for a designated period of time and purpose within a specified area; or

(6)

Engaged in a lawful employment activity or using a direct route to or from a place of employment; or

(7)

Reacting or responding to an emergency; or

(8)

Attending or traveling to or from, by direct route, an official school, religious or recreational activity sponsored by a public or private school, the town or some other governmental entity, a civic organization or other entity that accepts responsibility for the juvenile; or

(9)

Exercising First Amendment rights protected by the United States Constitution such as the free exercise of religion, freedom of speech and the right of assembly; or using a direct route in connection with the exercise of such rights; or

(10)

Married or emancipated; or

(11)

When authorized, by special permit from Chief of Mint Hill Police Department or his designee carried on the person of the juvenile thus authorized, as follows: When necessary nighttime activities of a juvenile may be inadequately provided for by other provisions, then recourse may be had to the chief of police or his designee, either for a regulation as provided in subsection (d)(12) or for a special permit as the circumstances warrant. Upon the findings of reasonable necessity for the use of a public place to the extent warranted by a written application signed by the juvenile and his parent or guardian (if feasible) stating (1) the name, age and address of the juvenile; (2) the name, address and telephone number of the parent or guardian; (3) the height, weight, sex, color of eyes and hair and other physical characteristics of the juvenile; (4) the necessity that requires the juvenile to remain upon a public place during the restricted hours otherwise applicable; (5) the public place; and (6) the beginning and ending of the period of time involved by date and hour. The Chief of the Mint Hill Police Department of his designee may grant a permit in writing for the juvenile's use of a public place at such hours, as in the opinion of the chief of police, may reasonably be necessary and consistent with the purpose of this ordinance; or

(12)

When authorized, by regulation issued in cases of reasonable necessity for a group of juveniles pursuant to the standards listed in subsection (d)(11) for other juveniles similarly situated, the chief of police or his designee is authorized to permit use of public places by a defined group of juveniles, for defined activities, for a period of time not to exceed more than one (1) hour beyond the normal restricted hours for that day of the week, upon a finding that the regulation is reasonably necessary and consistent with the purposes of this article. Such regulation shall be issued in sufficient time to allow appropriate public notice of the scope of the regulation.

(e)

Defense. It shall be a defense to prosecution pursuant to subsection (c)(3) that the owner, operator or employee of an establishment promptly notified the police department that a juvenile was present on the premises of the establishment during the restricted hours and refused to leave when asked to do so.

(f)

Enforcement.

(1)

Before taking any enforcement action under this article, a police officer shall ask the apparent offender's age and reason for being in the public place or establishment during restricted hours.

(2)

The officer shall not prepare a juvenile arrest report, issue a citation or make an arrest pursuant to this article unless the officer reasonably believes that an offense has occurred and that based on any reasons and other circumstances none of the defenses or exceptions listed in subsections (d) or (e) are applicable.

(g)

Penalties.

(1)

A juvenile who violates any provision of this article is subject to being adjudicated delinquent. The court may, in its discretion, impose any of the dispositional alternatives that are provided in the North Carolina Juvenile Code for delinquent juveniles.

(2)

Any person other than a juvenile who violates any provision of this article shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $100.00, and imprisonment in the discretion of the court, in accordance with G.S. 14-4.

(h)

Severability. If any section, subsection, sentence, term or exception of this article, or any application thereof to any person or circumstance is adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of any remaining portion of the article or to its application to any other person or circumstance. The town board of commissioners does not intend a result through the enforcement of this article that is absurd, impossible of execution or unreasonable. The board of commissioners intends that the article be held inapplicable in such cases, if any, where its application would violate the provisions of the United States Constitution or the Constitution of the State of North Carolina.

(i)

This article shall become effective immediately.

(Ord. No. 414, 1-10-2002; Ord. No. 447, 6-12-2003)