Sec. 20-131. Curfew.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Minor: means a person who has not reached his 16th birthday and is not married, emancipated or a member of the U.S. Armed Services. Note: In this section, the terms "minor" and "juvenile" are synonymous.
Parent, guardian or authorized adult: means one who legally has the care and management of a minor.
Public place: means areas such as, but not limited to, all common areas open for common use; alleys, streets or public places or places of business and amusement; public vehicular areas, highways and parks; or establishments open to the public for the conduct of business.
(b) Curfew. A curfew applicable to minors is established and shall be enforced as follows:
(1) Time limits. It is unlawful for any minor to be or remain upon any public place in the town between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday and Thursday and 6:00 a.m. on the following day, and between 12:00 midnight on any Friday and Saturday and 6:00 a.m. on the following day.
(2) Exceptions. The restrictions provided by subsection (b)(1) of this section shall not apply in the following instances:
a. The minor is accompanied by a parent, guardian or other authorized adult over 18 years of age;
b. The minor is traveling, using a direct route, between his home and a place of lawful employment and/or is engaged in his lawful employment;
c. The minor is traveling, using a direct route, between his home and the location of any school, religious or recreational activity which is supervised by adults and that accepts responsibility for the minor. The minor's parent or guardian must have knowledge of, and have granted approval for, the minor's participation in such activity;
d. Minors reacting or responding to an emergency;
e. Minors engaged in interstate travel.
(3) Responsibility of adults. It is unlawful and a violation of this section for any parent, guardian or authorized adult charged with the care and custody of any minor to encourage or aid a minor to be in or upon, or remain in or upon a public place within the town within the curfew hours set by subsection (b)(1) of this section, except as otherwise provided in subsection (b)(2) of this section.
(4) Responsibility of business establishments. It is unlawful for any person, firm or corporation operating a place of business or amusement to knowingly allow or permit any minor to be in or upon, or to remain in or upon, any place of business or amusement operated by such business establishment within the curfew hours set by subsection (b)(1) of this section, except as otherwise provided in subsection (b)(2) of this section. The owner, operator and/or manager of the business establishment will be in violation of this section if he has not reported orattempted to report to the police that a minor was present on the business premises in violation of this section and refused to leave.
(5) Enforcement. All minors shall be returned to their parent or guardian, regardless of whether or not the minor, parent or guardian is to be cited for violation of this section.
(6) Refusal of parent or guardian to take custody of a minor. If any parent or guardian refuses to take custody of his minor found in violation of this section, the officer with custody of such minor shall contact the county department of social services and release the minor to such agency for temporary placement in a foster home. The offending parent or guardian may be subject to a criminal citation pursuant to subsection (b)(3) of this section. The penalties for violation of this subsection or subsection (b)(3) of this section shall be in addition to, and not in lieu of, any punishment the offending parent or guardian may be subject to for child neglect, abandonment, endangerment and/or abuse, or other similar violation.
(7) Punishment. The punishment for violation of this section may be a fine not to exceed $100.00 and/or imprisonment up to 30 days, in accordance with G.S. 14-4. The court may, in its discretion, adjudge a juvenile violator of this section as delinquent, and may impose any dispositional alternatives that are provided in the state juvenile code for any juvenile who is delinquent.