Gang-Related Legislation by Subject Index

Curfew

Alaska (view all subjects for this state)

Alaska § 29.35.085. Curfew

(a) A municipality may, by ordinance, provide for a curfew for persons under 18 years of age for whom the disabilities of minority have not been removed for general purposes under AS 09.55.590 and who have not arrived at the age of majority under AS 25.20.020.

(b) Notwithstanding AS 29.25.070(a), for a violation of this section, the court may impose a fine of not more than $250.

(c) The community work provisions of AS 47.12.030(b) (6) apply to punishment for a minor's conviction of a violation of a curfew ordinance for which a penalty is provided under AS 29.25.070(a).

Alaska § 47.12.030. Provisions Inapplicable

(b) When a minor is accused of violating a statute specified in this subsection, other than a statute the violation of which is a felony, this chapter and the Alaska Delinquency Rules do not apply and the minor accused of the offense shall be charged, prosecuted, and sentenced in the district court in the same manner as an adult; if a minor is charged, prosecuted, and sentenced for an offense under this subsection, the minor's parent, guardian, or legal custodian shall be present at all proceedings; the provisions of this subsection apply when a minor is accused of violating.

(6) a municipal curfew ordinance, whether adopted under AS 29.35.085 or otherwise, unless the municipality provides for enforcement of its ordinance under AS 29.25.070(b) by the municipality; in place of any fine imposed for the violation of a municipal curfew ordinance, the court shall allow a defendant the option of performing community work; the value of the community work, which may not be lower than the amount of the fine, shall be determined under AS 12.55.055(c); in this paragraph, "community work" includes the work described in AS 12.55.055(b) or work that, on the recommendation of the municipal or borough assembly, city council, or traditional village council of the defendant's place of residence, would benefit persons within the municipality or village who are elderly or disabled.

Arizona (view all subjects for this state)

Arizona § 8-323. Juvenile Hearing Officer; Appointment; Term; Compensation; Hearings; Required Attendance; Contempt

B. Subject to the orders of the juvenile court, a juvenile hearing officer may hear and determine juvenile pretrial detention hearings and may process, adjudicate, and dispose of all cases that are not classified as felonies and in which a juvenile who is under eighteen years of age on the date of the alleged offense is charged with violating any law relating to the following:

4. Curfew

6. The damage or disfigurement of property by graffiti or the purchase or possession of materials with the intent to use the materials for graffiti.

Colorado (view all subjects for this state)

Colorado § 30-15-401. General Regulations

(1) In addition to those powers granted by sections 30-11-101 and 30-11-107 and by parts 1, 2, and 3 of this article, the board of county commissioners has the power to adopt ordinances for control or licensing of those matters of purely local concern which are described in the following enumerated powers:

(d.5) To discourage juvenile delinquency through the imposition of curfews applicable to juveniles, the restraint and punishment of loitering by juveniles, and the restraint and punishment of defacement of, including the affixing of graffiti to, buildings and other public or private property by juveniles by means that may include restrictions on the purchase or possession of graffiti implements by juveniles. The board of county commissioners, when enacting an ordinance to carry out the powers granted by this paragraph (d.5), may make it unlawful for a retailer to sell graffiti implements to juveniles but shall not dictate the manner in which the retailer displays graffiti implements. For purposes of this paragraph (d.5), "juvenile" means a juvenile as defined in section 19-2-103 (10), C.R.S., and "graffiti implement" means an aerosol paint container, a broad-tipped marker, a gum label, a paint stick or graffiti stick, or etching equipment.

District of Columbia (view all subjects for this state)

District of Columbia § 2-1541. Findings and Purpose

(a) The Council of the District of Columbia ("Council") has determined that there has been an increase in juvenile violence, juvenile gang activity, and crime by persons under the age of 17 years in the District of Columbia.

(b) The Council has determined that persons under the age of 17 years are particularly susceptible, because of their lack of maturity and experience, to participate in unlawful and gang-related activities and to be the victims of older perpetrators of crime.

(c) The Council has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over, and responsibility for, children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities.

(d) The Council has determined that a curfew for those under the age of 17 years will be in the interest of the public health, safety, and general welfare and will help to attain these objectives and to diminish the undesirable impact of this conduct on the citizens of the District of Columbia.

(e) The Council determines that passage of a curfew law will protect the welfare of minors by:

(1)Reducing the likelihood that minors will be the victims of criminal acts during the curfew hours;

(2) Reducing the likelihood that minors will become involved in criminal acts or exposed to narcotics trafficking during the curfew hours; and

(3) Aiding parents or guardians in carrying out their responsibility to exercise reasonable supervision of minors entrusted to their care.

District of Columbia § 2-1543. Curfew Authority; Defenses; Enforcement and Penalties [Formerly § 6-2183]

(a) (1) A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the District of Columbia during curfew hours.

(2) A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the District of Columbia during curfew hours.

(3) The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

(b) (1) It is a defense to prosecution under this subchapter that the minor was:

(A) Accompanied by the minor's parent or guardian;

(B) On an errand at the direction of the minor's parent or guardian, without any detour or stop;

(C) In a motor vehicle, train, or bus involved in interstate travel;

(D) Engaged in an employment activity pursuant to subchapter I of Chapter 2 of Title 32 or going to, or returning home from, an employment activity, without any detour or stop;

(E) Involved in an emergency;

(F) On the sidewalk that abuts the minor's residence or that abuts the residence of a next-door neighbor if the neighbor did not complain to the Metropolitan Police Department about the minor's presence;

(G) In attendance at an official school, religious, or other recreational activity sponsored by the District of Columbia, a civic organization, or another similar entity that takes responsibility for the minor, or going to, or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the District of Columbia, a civic organization, or another similar entity that takes responsibility for the minor; or

(H) Exercising First Amendment rights protected by the United States Constitution, including free exercise of religion, freedom of speech, and the right of assembly.

(2) It is a defense to prosecution under subsection (a)(3) of this section that the owner, operator, or employee of an establishment promptly notified the Metropolitan Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(c) (1) Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (b) of this section is proffered or is present.

(2) If a police officer determines that a minor is committing a curfew offense, the police officer shall take the minor to the nearest available Police District headquarters or substation or other area designated by the Metropolitan Police Department.

(3) A minor who violates this subchapter shall be detained by the Metropolitan Police Department at the nearest available Police District headquarters or substation or other area designated by the Metropolitan Police Department and released into the custody of the minor's parent, guardian, or an adult person acting in loco parentis. The minor's parent or an adult person acting in loco parentis with respect to the minor shall be called to the Police District headquarters or substation or other designated area to take custody of the minor. A minor who is released to a person acting in loco parentis with respect to the minor shall not be taken into custody for violation of this subchapter while returning home with the person acting in loco parentis. If no one claims responsibility for the minor, the minor may be taken to the minor's residence or placed in the custody of the appropriate official at the Family Services Administration of the Department of Human Services and, subsequently, released at 6:00 a.m. the following morning.

(d) (1) Any adult who violates a provision of this subchapter is guilty of a separate offense for each day, or part of a day, during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $ 500 or community service.

(2) Parents or persons in loco parentis of the minor may, upon each conviction for violating this subchapter, be required to complete parenting classes pursuant to subchapter I of Chapter 14 of Title 7 or Title 16.

(3) When required by § 16-2302, charges brought under this subchapter shall be transferred to the Family Division of the Superior Court of the District of Columbia.

(4) A minor adjudicated of a violation of this subchapter by the Family Division of the Superior Court may be ordered to perform community service of up to 25 hours for each violation.

(e) (1) The Mayor shall report to the Council, not less than 90 days prior to the expiration of this subchapter, on the curfew's effectiveness and shall recommend that the curfew either be continued or discontinued.

(2) The Mayor shall include the following in the report required by this subsection:

(A) The number of minors detained and the number of persons fined as a result of a violation of this subchapter;

(B) The number of criminal homicides and other narcotic trafficking related crimes of violence committed during the time that this subchapter is in effect by age of persons involved and by time of day;

(C) The number of minors injured during the curfew hours as a result of crime and the cause of each injury; and

(D) The District's net cost of enforcing the ordinance.

Idaho (view all subjects for this state)

Idaho § 20-549. Curfew Violations—Citation—Notification

Violation by a juvenile offender of a curfew established by a municipal or county ordinance shall be punishable by a fine not to exceed three hundred dollars ($ 300), detention, or both. Fines shall be deposited in the county juvenile justice fund of the county where the violation occurred, or if such a fund has not been established, then in the current county expense account for juvenile corrections purposes in the county where the violation occurred. The imposition of detention shall be subject to the provisions of sections 20-520(1)(c) and 20-521, Idaho Code. Detention of a juvenile offender in a county jail or detention center for violation of a curfew is prohibited, unless the juvenile offender is an habitual status offender as defined in section 20-521, Idaho Code.

Any peace officer may issue a citation for violation of a curfew that shall thereafter proceed under the juvenile corrections act in the same manner as though the violation was charged by a petition. Citations shall be issued on the Idaho uniform citation form. The peace officer issuing a curfew citation may detain the violator and at the time the citation is issued shall make a reasonable effort to obtain the endorsement of the juvenile's parent or legal guardian on the citation. If the endorsement of a parent or legal guardian cannot be obtained with the exercise of reasonable diligence, a copy of the citation shall be hand delivered or mailed to the juvenile's parent or legal guardian by a peace officer at least seven (7) days prior to the date set for the juvenile's appearance. The citation shall provide a date certain for the appearance before a magistrate of the juvenile and parent or legal guardian.

When sentencing a juvenile offender for violating a curfew, the court may also enter any order authorized in section 20-520, Idaho Code. The court shall have jurisdiction over the parent or legal guardian of the violator pursuant to section 20-522, Idaho Code.

Illinois (view all subjects for this state)

Illinois § 55 ILCS 5/5-1078. Curfew Time for Minors

A county board may establish a curfew time for minors applicable throughout such county, except within the corporate limits of any city, village or incorporated town.

Illinois § 65 ILCS 5/11-1-5. Curfew

The corporate authorities of each municipality may by ordinance declare a curfew throughout all or any part of the municipality and establish the conditions and restrictions thereof.

Illinois § 720 ILCS 5/12C–60. Curfew

(a) Curfew offenses.

(1) A minor commits a curfew offense when he or she remains in any public place or on the premises of any establishment during curfew hours.

(2) A parent or guardian of a minor or other person in custody or control of a minor commits a curfew offense when he or she knowingly permits the minor to remain in any public place or on the premises of any establishment during curfew hours.

(b) Curfew defenses. It is a defense to prosecution under subsection (a) that the minor was:

(1) accompanied by the minor's parent or guardian or other person in custody or control of the minor;

(2) on an errand at the direction of the minor's parent or guardian, without any detour or stop;

(3) in a motor vehicle involved in interstate travel;

(4) engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;

(5) involved in an emergency;

(6) on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;

(7) attending an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor;

(8) 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

(9) married or had been married or is an emancipated minor under the Emancipation of Minors Act.

(c) Enforcement. Before taking any enforcement action under this Section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (b) is present.

(d) Definitions. In this Section:

(1) “Curfew hours” means:

(A) Between 12:01 a.m. and 6:00 a.m. on Saturday;

(B) Between 12:01 a.m. and 6:00 a.m. on Sunday; and

(C) Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.

(2) “Emergency” means 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 loss of life.

(3) “Establishment” means any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

(4) “Guardian” means:

(A) a person who, under court order, is the guardian of the person of a minor; or

(B) a public or private agency with whom a minor has been placed by a court.

(5) “Minor” means any person under 17 years of age.

(6) “Parent” means a person who is:

(A) a natural parent, adoptive parent, or step-parent of another person; or

(B) at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

(7) “Public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

(8) “Remain” means to:

(A) linger or stay; or

(B) fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

(9) “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(e) Sentence. A violation of this Section is a petty offense with a fine of not less than $10 nor more than $500, except that neither a person who has been made a ward of the court under the Juvenile Court Act of 1987, nor that person's legal guardian, shall be subject to any fine. In addition to or instead of the fine imposed by this Section, the court may order a parent, legal guardian, or other person convicted of a violation of subsection (a) of this Section to perform community service as determined by the court, except that the legal guardian of a person who has been made a ward of the court under the Juvenile Court Act of 1987 may not be ordered to perform community service. The dates and times established for the performance of community service by the parent, legal guardian, or other person convicted of a violation of subsection (a) of this Section shall not conflict with the dates and times that the person is employed in his or her regular occupation.

(f) County, municipal and other local boards and bodies authorized to adopt local police laws and regulations under the constitution and laws of this State may exercise legislative or regulatory authority over this subject matter by ordinance or resolution incorporating the substance of this Section or increasing the requirements thereof or otherwise not in conflict with this Section.

Illinois § 720 ILCS 555/1. Curfew (Repealed)

(a) Definitions. In this Section.

(1) "Curfew hours" means:

(A) Between 12:01 a.m. and 6:00 a.m. Saturday;

(B) Between 12:01 a.m. and 6:00 a.m. on Sunday; and

(C) Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.

(b) Offenses.

(1) A minor commits an offense if he or she remains in any public place or on the premises of any establishment during curfew hours.

(2) A parent or guardian of a minor or other person in custody or control of a minor commits an offense if he or she knowingly permits the minor to remain in any public place or on the premises of any establishment during curfew hours.

(c) Defenses. It is a defense to prosecution under subsection (b) that the minor was:

(A) accompanied by the minor's parent or guardian or other person in custody or control of the minor;

(B) on an errand at the direction of the minor's parent or guardian, without any detour or stop;

(C) in a motor vehicle involved in interstate travel;

(D) engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;

(E) involved in an emergency;

F) on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;

(G) attending an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor;

(H) 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

(I) married or had been married or is an emancipated minor under the Emancipation of Minors Act.

(d) Enforcement. Before taking any enforcement action under this Section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (c) is present.

(e) A person convicted of a violation of any provision of this Section shall be guilty of a petty offense and shall be fined not less than $ 10 nor more than $ 500, except that neither a person who has been made a ward of the court under the Juvenile Court Act of 1987, nor that person's legal guardian, shall be subject to any fine. In addition to or instead of the fine imposed by this Section, the court may order a parent, legal guardian, or other person convicted of a violation of subsection (b) of this Section to perform community service as determined by the court, except that the legal guardian of a person who has been made a ward of the court under the Juvenile Court Act of 1987 may not be ordered to perform community service. The dates and times established for the performance of community service by the parent, legal guardian, or other person convicted of a violation of subsection (b) of this Section shall not conflict with the dates and times that the person is employed in his or her regular occupation.

Indiana (view all subjects for this state)

Indiana § 31-37-3-2. Children Fifteen through Seventeen Years of Age

(a) It is a curfew violation for a child fifteen (15), sixteen (16), or seventeen (17) years of age to be in a public place:

(1) between 1 a.m. and 5 a.m. on Saturday or Sunday;

(2) after 11 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or

(3) before 5 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.

(b) A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:

(1) the child has violated this section; and

(2) there is no legal defense to the violation.

Indiana § 31-37-3-3. Child Less than Fifteen Years of Age

(a) It is a curfew violation for a child less than fifteen (15) years of age to be in a public place after 11 p.m. or before 5 a.m. on any day.

(b) A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:

(1) the child has violated this section; and

(2) there is no legal defense to the violation.

Maryland (view all subjects for this state)

Maryland Code Article 25B § 13C-1. Juvenile Curfew Ordinances (Repealed)

(a) (1) In this section the following words have the meanings indicated.

(2) "Curfew hours" means 12:00 a.m. until 5:00 a.m.

(b) The provisions of this section apply to code counties in the Eastern Shore class as established by Article 25B, § 2.

(c) After making independent factual findings demonstrating a local need for a juvenile curfew, the county commissioners in their respective jurisdictions may adopt a juvenile curfew ordinance which may be adopted by a municipal corporation in the county.

(d) A juvenile curfew ordinance shall state that:

(1) A minor may not remain in a public place or on the premises of an establishment within the local jurisdiction during curfew hours;

(2) A parent or guardian of a minor may not knowingly allow the minor to remain in a public place or on the premises of an establishment within the local jurisdiction during curfew hours; and

(3) The owner, operator, or employee of an establishment may not knowingly allow a minor to remain on the premises of the establishment within the local jurisdiction during curfew hours.

(e) A juvenile curfew ordinance adopted under this section does not apply to a minor who is:

(1) Accompanied by the minor's parent or guardian;

(2) Performing an errand at the direction of the minor's parent or guardian, without a detour or stop, until 12:30 a.m.;

(3) Accompanied by a person at least 18 years of age and authorized by the minor's parent or guardian to have temporary care or custody of the minor for a designated period of time within a specified area;

(4) With consent of the minor's parent or guardian, involved in interstate travel through the local jurisdiction or beginning or ending in the local jurisdiction;

(5) Engaged in legal employment activity or is going to or returning home from a legal employment activity;

(6) Involved in an emergency;

(7) On the property where the minor resides or on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor, if the adult resident of that property has given permission for the minor's presence;

(8) Attending or returning directly home from:

(i) A school, religious, or recreational activity supervised by adults and sponsored by the local jurisdiction, a civic organization, or a voluntary association that takes responsibility for the minor; or

(ii) A place of public entertainment, including a movie, play, or sporting event;

(9) Exercising First Amendment rights under the United States Constitution, if the minor has first submitted to the chief of the local law enforcement agency a written communication that:

(i) Is signed by the minor and countersigned, if practicable, by the parent or guardian of the minor;

(ii) Includes the parent's or guardian's home address and telephone number; and

(iii) Specifies when, where, and in what manner the minor will be in a public place during curfew hours; or

(10) Remaining in a public place in a case of reasonable necessity if the minor's parent or guardian has communicated to the chief of the local law enforcement agency facts:

(i) Establishing the reasonable necessity; and

(ii) Designating:

1. The specific public place and the points of origin and destination for the minor's travel; and

2. The times the minor will be in the public place or traveling to or from the public place.

(f)

(1) If a law enforcement officer reasonably believes that a minor is in a public place or on the premises of an establishment in violation of the juvenile curfew ordinance, the officer shall:

(i) Notify the minor that the minor is in violation of the juvenile curfew ordinance;

(ii) Require the minor to tell the officer the minor's name, address, telephone number, and where to contact the minor's parent or guardian;

(iii) Issue the minor a written warning that the minor is in violation of the juvenile curfew ordinance; and

(iv) Order the minor to promptly go home.

(2) The chief of the local law enforcement agency shall send written notice of the violation of the juvenile curfew ordinance to the minor's parent or guardian.

(g) The local law enforcement agency may take the minor:

(1) To the minor's home, if appropriate; or

(2) Into custody and transport the minor to a local law enforcement station or designated curfew center when:

(i) The minor has received one previous written warning for a violation of the juvenile curfew ordinance;

(ii) The local law enforcement officer has reasonable grounds to believe that the minor has committed a delinquent act; or

(iii) Taking the minor into custody is authorized under § 3-8A-14 of the Courts Article.

(h) When a minor is taken into custody for a violation of the juvenile curfew ordinance, the local law enforcement officer shall:

(1) Immediately notify the parent or guardian of the minor to come to the local law enforcement station to take custody of the minor; and

(2) Determine whether, consistent with constitutional safeguards, the minor or the parent or guardian, or both, are in violation of the juvenile curfew ordinance.

(i)

(1) When a parent or guardian arrives at the local law enforcement station as a result of subsection (h) of this section, and the appropriate information is recorded, the minor shall be released to the custody of the parent or guardian.

(2) If the parent or guardian cannot be located or fails to take charge of the minor, then the minor shall be released to the local Department of Social Services, the Department of Juvenile Services, or to another adult who will, on behalf of the parent or guardian, assume the responsibility of caring for the minor pending the availability or arrival of the parent or guardian.

(j)

(1) A law enforcement officer may issue a civil citation for a violation of a juvenile curfew ordinance to:

(i) A minor;

(ii) A parent or guardian of a minor; or

(iii) An owner, operator, or employee of an establishment.

(2) The civil citation shall include a fine of:

(i) Not more than $ 500 for a first offense; or

(ii) Not more than $ 1,000 for a second or subsequent offense.

Maryland Local Government Code § 11-301. Definitions

In general
(a) In this subtitle the following words have the meanings indicated.

Curfew hours
(b) “Curfew hours” means the hours between midnight and 5:00 a.m.

Establishment
(c) “Establishment” means a privately owned place of business operated for profit to which the public is invited.

Guardian
(d) “Guardian” means a person who is appointed by a court as a guardian.

Public place
(e)(1) “Public place” means a place to which the general public has access for a lawful purpose.

(2) “Public place” includes:
(i) a public street, a sidewalk, an alley, a highway, and a right-of-way of a public street or highway; and

(ii) the common areas of a transport facility, a school, a hospital, an apartment building, an office building, a shopping center, a park, a playground, a parking lot, a theater, a restaurant, a bowling alley, a tavern, a cafe, an arcade, and a shop.

Remain
(f) “Remain” means to:

(1) linger unnecessarily in a public place; or

(2) fail to leave the premises of an establishment or a public place when asked by a law enforcement officer or an employee of the establishment or public place.

Maryland Local Government Code § 11-302. Scope of Subtitle

This subtitle applies in code counties in the Eastern Shore class as established under § 9-302 of this article.

Maryland Local Government Code § 11-303. Adoption of Ordinance Imposing Juvenile Curfew

After making independent factual findings demonstrating a local need for a curfew, the county commissioners may adopt a juvenile curfew ordinance.

Maryland Local Government Code § 11-304. Requirements

Subject to § 11-305 of this subtitle, a juvenile curfew ordinance shall state that:

(1) a minor may not remain in a public place or on the premises of an establishment during curfew hours;

(2) a parent or guardian of a minor may not knowingly allow the minor to remain in a public place or on the premises of an establishment during curfew hours; and

(3) the owner, operator, or employee of an establishment may not knowingly allow a minor to remain on the premises of the establishment during curfew hours.

Maryland Local Government Code §11-305. Applicability of Curfew Ordinance

A juvenile curfew ordinance adopted under this subtitle does not apply to a minor who is:

(1) accompanied by the minor's parent or guardian;

(2) performing an errand at the direction of the minor's parent or guardian, without a detour or stop, until 12:30 a.m.;

(3) accompanied by an adult authorized by the minor's parent or guardian to have temporary care or custody of the minor for a designated period of time within a specified area;

(4) with consent of the minor's parent or guardian, involved in interstate travel;

(5) engaged in legal employment activity or is going to or returning home from a legal employment activity;

(6) involved in a sudden or unexpected happening or an unforeseen combination of circumstances that calls for immediate action to protect health, safety, welfare, or property from actual or threatened harm or an unlawful act;

(7) on the property where the minor resides or on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if an adult resident of that property has given permission for the minor's presence;

(8) attending or returning directly home from:

(i) a school, religious, or recreational activity supervised by adults and sponsored by the local jurisdiction, a civic organization, or a volunteer association that takes responsibility for the minor; or

(ii) a place of public entertainment, including a movie, play, or sporting event;

(9) exercising First Amendment rights under the United States Constitution if the minor has first submitted to the chief of the local law enforcement agency a written communication that:

(i) is signed by the minor and countersigned, if practicable, by the parent or guardian of the minor;

(ii) includes the parent's or guardian's home address and telephone number; and

(iii) specifies when, where, and in what manner the minor will be in a public place during curfew hours; or

(10) remaining in a public place in a case of reasonable necessity if the minor's parent or guardian has communicated to the chief of the local law enforcement agency facts:

(i) establishing the reasonable necessity; and

(ii) designating:

1. the specific public place and the points of origin and destination for the minor's travel; and

2. the times the minor will be in the public place or traveling to or from the public place.

Maryland Local Government Code § 11-306. Violation of Juvenile Curfew Ordinance

Actions by law enforcement officer
(a)(1) If a law enforcement officer reasonably believes that a minor is in a public place or on the premises of an establishment in violation of a juvenile curfew ordinance, the officer shall:

(i) notify the minor that the minor is in violation of the juvenile curfew ordinance;

(ii) require the minor to tell the officer the minor's name, address, telephone number, and where to contact the minor's parent or guardian;

(iii) issue the minor a written warning that the minor is in violation of the juvenile curfew ordinance; and

(iv) order the minor to promptly go home.

(2) The law enforcement officer may take the minor:

(i) to the minor's home, if appropriate; or

(ii) into custody and transport the minor to a local law enforcement station or designated curfew center when:

1. the minor has received one previous written warning for a violation of a juvenile curfew ordinance;

2. the law enforcement officer has reasonable grounds to believe that the minor has committed a delinquent act, as defined in § 3-8A-01 of the Courts Article; or

3. taking the minor into custody is authorized under § 3-8A-14 of the Courts Article.

(3) A law enforcement officer may issue a civil citation for a violation of a juvenile curfew ordinance to:

(i) a minor;

(ii) a parent or guardian of a minor; or

(iii) an owner, operator, or employee of an establishment.

Written notice to parent or guardian
(b) The law enforcement agency shall send written notice of the violation of the juvenile curfew ordinance to the minor's parent or guardian.

Maryland Local Government Code § 11-307. Fine

A civil citation for a violation of a juvenile curfew ordinance shall include a fine:

(1) for a first offense, not exceeding $500; or

(2) for a second or subsequent offense, not exceeding $1,000.

Maryland Local Government Code § 11-308. Custody

Taking minor into custody
(a) When a minor is taken into custody for a violation of a juvenile curfew ordinance, the law enforcement officer shall:

(1) immediately notify the parent or guardian of the minor to come take custody of the minor; and

(2) determine whether, consistent with constitutional safeguards, the minor or the parent or guardian, or both, are in violation of the juvenile curfew ordinance.

Release from custody
(b)(1) If the parent or guardian arrives to take custody of the minor and the appropriate information is recorded, the minor shall be released to the custody of the parent or guardian.

(2) If the parent or guardian cannot be located or fails to take custody of the minor, the minor shall be released to:

(i) the local department of social services;

(ii) the Department of Juvenile Services; or

(iii) another adult who will, on behalf of the parent or guardian, assume the responsibility of caring for the minor pending the availability or arrival of the parent or guardian.

Michigan (view all subjects for this state)

Michigan § 722.752. Curfew for Minors Under 16 Years Old

Section 2. A minor under the age of 16 years shall not loiter, idle, or congregate in or on any public street, highway, alley, or park between the hours of 12 midnight and 6 a.m., immediately following, except where the minor is accompanied by a parent or guardian, or an adult delegated by the parent or guardian to accompany the minor, or where the minor is upon an errand or other legitimate business directed by his parent or guardian.

Minnesota (view all subjects for this state)

Minnesota § 145A.05. Local Ordinances

Subd. 7a. Curfew.

A county board may adopt an ordinance establishing a countywide curfew for unmarried persons under 18 years of age. If the county board of a county located in the seven-county metropolitan area adopts a curfew ordinance under this subdivision, the ordinance shall contain an earlier curfew for children under the age of 12 than for older children.

Montana (view all subjects for this state)

Montana § 7-32-2302. Establishment of Curfew—Penalty.

(1) (a) The governing body of a county may adopt an ordinance that establishes a curfew hour after which minors will not be allowed abroad on the public streets, roadways, or lands of the county.

(b) The ordinance must contain a description of the area covered by the curfew and provide exceptions for approved activities. The curfew may be countywide or pertain to any portion of the county, including an unincorporated city or town. The curfew may not extend to any area within the boundaries of an incorporated city or town.

(2) It is the duty of any officer or official enforcing the laws of the state to enforce the provisions of this section.

(3) A person convicted of violating a curfew ordinance adopted under subsection (1) shall be punished by a fine in an amount not exceeding $ 75 or by a sentence of up to 10 hours of community service, or both. Absolute liability, as provided for in 45-2-104, is imposed for a violation of this section.

New Jersey (view all subjects for this state)

New Jersey § 40:48-2.52. Ordinances Relating to Juveniles; Definitions; Penalties; Exceptions; Standards

a. As used in this act:

(1) "Juvenile" means an individual who is under the age of 18 years.

(2) "Guardian" means a person, other than a parent, to whom legal custody of the juvenile has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile.

(3) "Public place" means any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area.

b. (1) A municipality is hereby authorized and empowered to enact an ordinance making it unlawful for a juvenile of any age under 18 years within the discretion of the municipality to be on any public street or in a public place between the hours of 10:00 p.m. and 6:00 a.m. unless accompanied by the juvenile's parent or guardian or unless engaged in, or traveling to or from, a business or occupation which the laws of this State authorize a juvenile to perform. Such an ordinance may also make it unlawful for any parent or guardian to allow an unaccompanied juvenile to be on any public street or in any public place during those hours.

(2) A municipality is hereby authorized and empowered to enact an ordinance making it unlawful for a juvenile of any age under 18 years within the discretion of the municipality to be in any public place during the hours when the juvenile is required to be in attendance at either a public or non-public school unless the juvenile is accompanied by a parent or guardian or is carrying written permission from the juvenile's educational authority allowing the juvenile to be in a public place.

c. An ordinance enacted pursuant to this act shall provide that violators shall be required to perform community service and may be subject to a fine of up to $ 1,000.00. If both a juvenile and the juvenile's parent or guardian violate such an ordinance, they shall be required to perform community service together.

d. An ordinance enacted pursuant to this act shall include exceptions permitting juveniles to engage in errands involving medical emergencies, to attend extracurricular school activities, and to participate in other cultural, educational and social events, sponsored by religious or community-based organizations during curfew hours.

e. An ordinance enacted pursuant to this act shall establish clear standards in precise language adequate to apprise a juvenile and a parent or guardian of that which is unlawful and adequate to circumscribe the discretion of police officers in order to overcome subjective and discriminatory enforcement.

Ohio (view all subjects for this state)

Ohio § 307.71. Curfew for Persons Under Eighteen

(A) Whenever the adoption of a curfew for persons under eighteen years of age is deemed necessary by the board of county commissioners for the immediate preservation of the public peace, health, or safety in any of the unincorporated areas of such county, the board of county commissioners may adopt a resolution setting forth the provisions of such curfew and the necessity for such curfew together with a statement of the reasons for such necessity, and providing for its enforcement within such unincorporated areas of the county. Upon adoption of the resolution by a majority of the commissioners, the resolution shall become effective immediately.

(B) Any person under the age of eighteen years who violates the provisions of a curfew adopted in accordance with division (A) of this section shall be apprehended and charged as being an unruly child and taken before the juvenile court in the county in which the violation occurred as provided in Chapter 2151. of the Revised Code.

Ohio § 505.89. Curfews for Persons Under Eighteen Years of Age

(A) Whenever a board of township trustees considers it necessary to adopt a curfew for persons under eighteen years of age in any of the unincorporated areas of the township, the board may adopt a resolution setting forth the provisions of the curfew and declaring the necessity for it, together with a statement of the reasons for the necessity, and providing for its enforcement within the unincorporated area of the township.

(B) Any person under eighteen years of age who violates a curfew adopted under division (A) of this section shall be charged as being an unruly child and taken before juvenile court as provided in Chapter 2151. of the Revised Code.

Ohio § 2152.19. Additional Disposition Orders for Delinquent Children

(4) Place the child on community control under any sanctions, services, and conditions that the court prescribes. As a condition of community control in every case and in addition to any other condition that it imposes upon the child, the court shall require the child to abide by the law during the period of community control. As referred to in this division, community control includes, but is not limited to, the following sanctions and conditions:

(h) A period in which the court orders the child to observe a curfew that may involve daytime or evening hours;

Ohio § 2929.01. Definition

(G) "Curfew" means a requirement that an offender during a specified period of time be at a designated place.

Oklahoma (view all subjects for this state)

19 Oklahoma § 339.6. Curfew for Juveniles—Fine—Community Service

A. The board of county commissioners of any county of this state having a population of more than five hundred thousand (500,000) persons according to the last federal decennial census, by resolution, may determine a curfew for juveniles that will apply to all unincorporated areas of the county. The parameters of the curfew shall be determined by the board and all penalty provisions shall comply with the provisions of Title 10 of the Oklahoma Statutes and federal law concerning detention and custody of juveniles.

B. The board shall provide public notice of the curfew in a newspaper of general circulation in the county. The notice shall be published once weekly for a period of four (4) continuous weeks.

C. The county shall correspond and work in conjunction with any appropriate state agency, if assistance is required in producing signs and posting the curfew.

D. The county shall post curfew information, as determined pursuant to subsections A through C of this section, on the county line marker where any state highway enters a county and at all off-ramps where interstate highways or turnpikes enter a county, unless a state agency has such jurisdiction to properly post signs. The appropriate board of county commissioners shall reimburse any state agency that may assist for the full cost of the required signage.

E. Any person convicted of a curfew violation pursuant to this section shall be fined an amount not exceeding Twenty-five Dollars ($ 25.00). Any person convicted of a second or subsequent curfew violation shall be fined an amount not exceeding One Hundred Dollars ($ 100.00), or assigned not more than thirty (30) hours of community service, or both such fine and community service hours.

Oregon (view all subjects for this state)

Oregon § 419C.680. Hours When Minors Prohibited From Public Places; Exception; Duties of Parents or Guardians; Local Regulations; Violations

(1) No minor shall be in or upon any street, highway, park, alley or other public place between the hours of 12 midnight and 4 a.m. of the following morning, unless:

(a) Such minor is accompanied by a parent, guardian or other person 18 years of age or over and authorized by the parent or by law to have care and custody of the minor;

(b) Such minor is then engaged in a lawful pursuit or activity which requires the presence of the minor in such public places during the hours specified in this section; or

(c) The minor is emancipated pursuant to ORS 419B.550 to 419B.558.

(2) No parent, guardian or person having the care and custody of a minor under the age of 18 years shall allow such minor to be in or upon any street, highway, park, alley or other public place between the hours specified in subsection (1) of this section, except as otherwise provided in that subsection.

(3) Subsections (1) and (2) of this section do not affect the authority of any political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local law, provided, that the local ordinance or law restricts curfew hours at least to the extent required by subsections (1) and (2) of this section.

(4) The county court or board of county commissioners of any county may provide by ordinance for a curfew restriction on minors applicable to areas not within a city, which has the same terms provided in subsection (1) of this section except that the period of curfew may include hours in addition to those specified in subsection (1) of this section. The ordinance may provide different periods of curfew for different age groups.

(5) Any minor who violates subsection (1) of this section or an ordinance established under subsection (4) of this section may be taken into custody as provided in ORS 419C.080, 419C.085 and 419C.088 and may be subjected to further proceedings as provided in this chapter.

Rhode Island (view all subjects for this state)

Rhode Island § 11-9-11. Designation of Curfew Streets

The police commissioners of any city or town having a police commission, and the chief of police of any other city or town, may designate certain streets in the city or town as curfew streets. No minor under sixteen (16) years of age shall be allowed to loiter on any curfew street after 9 o'clock (9:00) p.m., unless accompanied by some adult person.

Rhode Island § 11-9-12. Penalty for Loitering on Curfew Street

Any minor under sixteen (16) years of age, not accompanied by an adult person, who shall loiter on any curfew street after being directed by any police constable to cease loitering, shall be fined not exceeding five dollars ($5.00).


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