ORDINANCE ESTABLISHING A CURFEW FORJUVENILES  BEIT ORDAINED by the Council oft the Town of Vanceboro as follows:  Section 1: Purpose:  The purpose oft this article is to protect juveniles from victimization and exposure to criminal activity by establishing a curfew forj juveniles under the age of eighteen (18) years in the town. The youth protection ordinance is intended to reinforce and promote the role of the parent in raising and guiding children, and promote the health, safety and welfare oft both juveniles and adults by creating an environment offering better  protection and security for all concerned. Section 2: Definitions  For the purpose oft this ordinance, the following definitions shall apply unless the context clearly 1) Function: Any event including but not limited to activities involving the free exercise or religion, speech, assembly and activities sponsored by the town, a church, the county public schools, or other  indicates or requires a different meaning:  nonprofit or community organization. (i) A natural or adopted parent; (ii) A legal guardian; (iri) A person who stands in loco parentis; or  2) Guardian: Any person having legal custody of a minor such as:  (iv) A person to whom legal custody has been given by the court.  3) Minor: A person who had not reached his/her eighteenth (18") birthday and is not married, emancipated ora 4) Public place: Any street, alley, highway, sidewalk, parks, playground or place to which the general public has access and ai right to resort for business, entertainment or other lawful purpose. A public place shall include any store, shop, restaurant, tavern, café, theater, drugstore, poolroom or other place devoted to  member oft the armed services of the United States.  amusement or entertainment oft the general public.  5) Restricted hours: The time of night referred to herein is based upon the prevailing standard time, whether Eastern Standard Time or Eastern Daylight Savings Time, generally observed at that] hour by the public in the town. Restricted hours shall mean between the hours of9:00 p.m. and 6:00: a.m. each day.  Section 3. Offenses article:  Except as provided by Section 4 oft this ordinance, the following offenses constitute a violation of this A. Ajuvenile 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. B. A parent or guardian ofa a juvenile commits an offense ifhel knowingly permits, or by insufficient control, allows the juvenile to remain in any public place or on the premises of any establishment within the town during the restricted hours. The term "knowingly" included knowledge that aj parent    should reasonably be expected tol have concerning the whereabouts of aj juvenile in the parent's legal custody. This requirement is intended to hold ai 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 of whereabouts ofs such  juvenile.  C. The owner, operator or any employee of an establishment commits an offense ifhe knowingly allows aj juvenile to remain upon the premises oft the establishment during the restricted hours. The term knowingly" includes knowledge that an operator or employer should reasonably be expected tol have concerning the patrons ofan establishment. The standard for knowingly" shall be applied through an objective test; whether ai reasonable person in the operator's or employee's position  should have known that the patron was aj juvenile in violation ofthis article.  D. Its shall be a violation oft this article for any person eighteen (18)y years of age or older to aid or abeta a  juvenile in the violation of subsection (1).  E. Its shall be a violation oft this article for a parent or guardian to refuse to take custody during the restricted hours ofajuvenile for whom the parent or guardian is responsible.  Section 4. Exceptions:  The restrictions shall not apply to any minor who is traveling between his/her home and his/her place of employment, church, municipal building or school where a function is being held. Nor shall the restriction apply to emergency errands or errands forj parents, and inter-and -intra-state travel or while accompanied by the  minor's guardian. Section 5. Defense:  Itis a defense to prosecution under Section 3 ofthis ordinance that the owner, operator, or employee of an establishment promptly notified the police department that aj juvenile was present on the premises oft the  establishment during the restricted hours and refused to leave.  Section 6. Enforcement:  1) When ai minor is found to be in violation oft this article, the officer will complete the applicable juvenile custody report. After completing this report, the officer will take the juvenile to the residence ofhis/her guardian. A written warning shall be issued to the guardian of such minor and a copy oft the written a. The written warning shall describe the action of the minor that constitutes a violation of this article, advise the guardian that if the guardian allows and permits or has allowed and permitted the minor to commit a second or subsequent violation of his subchapter that the guardian shall be subject to criminal prosecution for allowing a violation oft this subchapter to occur. The written warning shall also advise the guardian that in all cases in which the minor is under twelve (12): years ofa agea  warning attached to the juvenile custody report.  report will be made to the county department of social services.    b. A copy of the written warning shall be attached to the juvenile custody report and turned in with the officer's daily reports, where its shall be entered into the police department records system. The chief of police or his designee shall review all reports on a daily basis. Ifajuvenile custody report has been filed pertaining to a violation of this article, the chief of police or his designee will examine the appropriate records and determine ift the violation is a first offense ori itis a second or  subsequent offense.  2) Ifupon checking the appropriate records, the juvenile is found to be a first offender, the record will be filed and no: further action will be taken. Ifthej juvenile is found tol have a record of! prior violation of this article, the guardian described in section 13-157 shall be subject to a criminal citation. The reporting officer will be notified and the appropriate action will be taken. A copy ofa any such action shall be added to the appropriate file within the police department records system, serving as a part of 3) Ift the juvenile is under twelve (12) years of age, a report will be made and a copy forwarded to the  the case files for any criminal action. county department of social services.  Section 7. Refusal of Guardian to Take Custody of a Minor  Ifany guardian refuses to take custody ofl his/her minor child found to be in violation oft this article, the officers with physical custody ofs such minor shall contact the county department ofs social services and release the minor to that agency pending further investigation by the police department and the department of social  services. The guardian will be subject to a criminal citation.  Section 8. Penalty  The punishment for violation oft this article by any guardian of such minor shall be guilty ofa  misdemeanor as defined by G.S. Section 14-4(a).  Section 9. Effective Date  This ordinance shall become effective upon adoption.  Duly adopted this 3th day of] February, 2020.  OeBph  Chad E. Braxton, Mayor  ATTEST:  Buely WDaKe Beverly W. Drake Town Clerk