Ordinance
AN
ORDIIVANCE
30
0070612
FOR THE SAFETY AND PROTECTION OF JWEIVILES WIT
HTN T
f
INCORPORATED LIIVIITS
OF THE TOWN OF INDIAN TRAIL
rail has received much citizen
i
W Hr
ASthe
it
i
own ouncil of lndiaa
W
subject to greater ea
tation and
plo
when imsupervised late at night aad
1irjuveniles
I
1
AS
assistance
aze
EAS the primary resgoasihility
WH
her Parent
AIflW
or
input regazdmg
at risk and
unsupervised juveniles
Guardian
as
THEREPORE the
for the
nsks withless available adult
supervision and protection of ajuveaile is his or
defined below
uacil af the owa of Imiiaa Tdoes
Towa Cc
herby ordain
as
foltows
1
T
here is hereby
eated
cc
a
new
chapter ofthe Code
ofOrdinances to read
as
wr
Pokle
ter 131 3uvenile Protecriou Ordinance
Cba
Section 131
01
Pu
se
fhe ptiupose oY this atticle is to protect juvenil tiom vicamiTation a expos
aeto criminal
activity by establishing a curfew for juveniles imder the age of 16 yeazs in the city This azticle is
e mle oftt Pa
nt ia raising and guiding cluldren and
intended to Eeiatbrce and pmmate tt
and
welfare
ofboth
juveniles a adults by creating an environme
promote the heatth safety
offering better protection
02
Section 131
aad
security for all concemed
Definitions
meaningS
The following words terms and phrases when used in this articl shall ttave t
indicates
diffetent
the
context
a
ascribed to them in this s
meaning
ection except where
clearly
ortest reasonable path of tiaved or a commonly used route to
Direct rm
temeans the s
reach a final destination without any detour or stop along the way
A
unforeseen combiaation of circumstances or the resulting state thai
fire a natural disaster an
calls for immediate action The term includes but is not Eimited tq a
ious bodilY l
or any situatioa requiting immediate action to preve
Y
automobile cid
t
nt s
B
Emergency
means an
death This term aLso includes any actioa that is reasonably necessary in order to respond w
ether t
s action
ile
juve
the medical needs of a fazniTy memhei of ihejuvenile regardiess of w
or
is taken in order to prevent death
C
the
Estoblishment
public
has
entertainment
serious bodily
injury
privately owned place of business opeaated for protit to which
is invited including bui not limited to any place of amusement or
means
access or
or
any
D
Guardian
E
Juvenile
means a
means
married emancipated
person who is court
appointed
to be the
guazdian
of ajuvenile
any person who has not reached their sixteenth birthday and is not
member ofthe azmed forces ofthe United States
or a
Owner means any individual firm association partnership or corporation
operator
operating managing or conducting any establishment including the employees members or
partners of an association or partnership and the officers of a corporation
F
G
or
Parent means
other persons
or
H
icplace
Pub
I
Remain
person who is a natural Pazent adoptive Parent foster Pazent Stepparent
person to whom legal custody of ajuvenile has been given by court order
a
requested
means
to do so
to
linger
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 including but not
limited to streets sidewalks highways alleys rights
way public vehicular azeas and pazking
of
lots transportation facilities theaters restaurants shops bowling alleys schools and school
grounds places of business and amusement playgrounds pazks similaz azeas that aze open to
the public and other common azeas
open to or accessibte to the public
means any
or
stay
in
public place to fail to leave the premises when
officer or to fail to leave the premises of an
by the owner
operator or employee ofthe premises
a
taw enforcement
by
requested to do so
a
establishment when
Restricted hours T
he time of night refeaed to in this article is based upon the prevailing
standard of time whether Eastem Standard Time or Eastem Daylight Saving Time generally
J
observed at that hour
by the public in the city Restricted hours means on any Sunday Monday
00 p
00am of the
Tuesday Wednesday Thursday Friday and Saturday 1 I
m unti16
following day
Section 131
03
Except
as
Violation Defined
provided by
section 131
04 the
following
civil offenses constitute
a
violation of this
article
1
on
A juvenile commits
the
premises
a
by being present in or remaining in any public place
within the city during the restricted hours
civil offense
of any establishment
or
A Parent
or Guardian of a juvenile commits a civil oYfense if he knowingly permits or by
insuYficient control allows the juvenile to remain in any public place or on the premises oY any
2
establishment within the
city during the restricted hours The rerm knowingly includes
ledge that a Parent should reasonably be erpected to have conceming the w hereabouts
know
s legal custody This requirement is intended to hold a neglectful or
juvenile in that Parent
ecommunity standard of Parental responsibility thtough an
careless Parent up to a reasonab
2
of
a
It
objective test
activities
or
be
shall therefore
conduct
or
no
defense that
a
Pazent
was
completely
indifferent to the
whereabouts ofsuch juvenile
The owner operator or any employee of an establishment commits a civil offense if he
knowingly allows a juvenile to remain upon the premises of the establishment during the
3
hours The term knowingly inctudes knowledge that an operator or employer shoWd
reasonably be expected to have conceming the pa
ons of an establishment The standazd for
knowingly shall be applied through an objective test whether a reasonable person in the
restricted
operator or employee
s
sposition
should have known that the patron
was a
juvenile in
violation
of this article
4
It shall be
abet a juvenile
5
It shall be
civil offense under this article for any person 16 years of age
in the violation of subsection Iof this sectioa
a
civil offense under this article for
a
a Parent or
or
older to aid
Guardian to refuse to take
or
custody
during the restricted hours of a juvenile for whom the Parent or Guardian is responsible
Sec 131
04 Exceptions
public place or establishment during
article if the juvenile is
A juvenile who is in
violation of this
a
1 Accompanied by
On an errand
the hour of 1230
4
In
a
be in
guardian
an
of time and purpose within
designated period
3
or
not
adult 18 years of age or older authorized by the Parent or Guardian of
s place in accompanying the juvenile for a
to take the Pazent
s or Guardian
2 Accompanied by
such juvenile
his Parent
the restricted hours shall
using a direct
route
at
juvenile Parent
s
or
Guardian until
m
a
originating or terminating in
in
azea
the direction ofthe
motor vehicie with Parental consent
5 Traveling
specified
a
a motor
the
engaged
in interstate travel
through
the
city
or
city
vehicle with a Pazent
or
Guardian
or
traveling
in
a
motor vehicle with
adult 18 years of age or older authorized by the Pazent or Guazdian of such juvenile to take
s place in accompanying the juvenile for a designated period of time and
the Pazent
s or Guazdian
an
purpose within
a
specified
lawful
azea
employment activity
6 Engaged
oyment
emp
in
a
7 Reacting
or
responding
or
using a direct
route to or
from
a
place
of
to an emergency
eling to or from by direct
S Attending or tra
recreational activity that is supervised by adults
and
otficial school
religious or
sponsored by a public or private school
route
an
the
city
other
govemmental entity
responsibility for the juvenile
or
a
civic
organization
or
another similaz
entity
that
accepts
First Amendment rights protected
by the United States Constitution such
free exercise of religion freedom of speech and the
right of
9 Exercising
as
the
assembly
When
10
authorized by special pernut from the Town Manager or his designee carried on the
person ofthe juvenile thus authorized as follows When necessary nighttune activities of a
juvenile may be inadequately pmvided for by other sections of this az
icie recourse may be had
to the Town Manager or his designee either for a regutarion as
provided in subsection 11 of
this section or for a special permit as the circumstances warrant
of reasonable
Upon the
findings
necessity for the use of a public place to the extent warranted by a written appiica6on signed by a
juvenile and by a Pazent or Guardian of the juvenile if feasible stating i the name age and
address of the juvenile ii the name address and telephone number of a Parent or Guardian
thereof iii the height weight sex color of eyes and hair and other physical characteristics of
the juvenile iv the necessity that requires the juvenile to remain
upon a public place during the
restricted hours otherwise applicable v the public place and vi the
nning and ending of
be
the period oftime involved by date and hour the Town Manager or his designee
may grant a
pemut in writing for the juvenile
s use of a public place at such hours as in the opinion of the
Town Manager may reasonably be necessary and consistent with the
purposes of this article
When authorized
il
by regulation issued by the Town Manager or his designee in other
necessity sunilazly handled as set forth in subsection 10 ofthis
section but adapted to reasonably necessary nighttime activities of more
juveniles than can
with
be
dealt
on
an
individual
readily
special permit basis Normally such regulation by the
Town Manager or his designee permitting use ofpublic places should be issued
sufficiendy in
advance to permit appropriate publicity through news media and through other agencies such as
the schools and shall define the acrivity the scope of the use of the public places
permitted the
period of time involved not to extend more than one hour beyond the time for termination ofthe
activity and the reason for fmding that the regulation is reasonably necessary and is consistent
similaz
cases
of reasonable
with the purposes ofthis article
05
131
Sec
It is
defense
Defense
prosecution under section 131
3that the owner operator or employee of an
03
promptly notified the town law enforcement agency that ajuvenile was present on
premises of the establishment during the restricted hours and refused to leave
a
to
establishment
the
Section 131
06
Enforcement
Juvenile shafl be found in oiolation of this section any Law Enforcement Officer may
detain the Juvenile and determine if he is a first time offender of this section The Ju
enile may
When
be
a
transported
to
any Law Enforcement
Facility
in order
to
facifitate such determination
If it is determined that the Juvenile is
a
first time offender of this section the Law
Enforcement Officer will contact his Pazent or Guazdian to make the Pazent or
Guardian
custody
a
ofthe violation and request that the Parent or Guazdian ta
ce
the
of
Juvenile The Law Enforcement Officer may transpoR the Juvenile
awaze
to the Parent
Guardian The Juvenile
s Parent or Guazdian will receive a
for
a first offense ofthis section and the
wazning
altowing
Law
Enforcement Officer shall maintain an Incident Report including the name age
and address of the Juvenile the name and address of the Pazent or
the
or
written
Guardian
time and location of the offense and any other relevant information A
copy
of this Incident Report shall be forwazded to the Town Manager
date
f it is determined that the Javenile is a repeat offender ofthis section the
s Parent or Guardian shall be notified and the Juvenile reriuned to the
Juvenile
Parent or Guardian as in a above The Pazent or Guardian
may be issued a civil
b
summons
charging
him with
offense shall be maintained
Section 131
07
custody
Report
of the
If aay Juvenile offender of this section is under 12 years of
age a copy of the
Incident Report shall be forwazded to the Department of Social Services
c
If the Pazent
violation ofthis section An Incident
by the town Law Enforcement Agency
a
Refusal bv Pazent or Guardian
to
take custodv ofJuvenile
Guardian of any Juvenile found in violation of this section refuses to take
or if the Law Enforcement Officer is unable to make contact with such
Guardian the Law Enforcement Officer having custody ofthe Juvenile shall contact
or
ofsuch Juvenile
Parent or
the
Department ofSocial Services and release the Iuvenile to that agency pending further
investigation The Pazent or Guardian may be issued a civil summons chazging lum with a
violation ofthis section
Section 131
08
b Any
person 16
Penal
or over
who violates Section 131
03 shall be
subject to a civil penalty to be
charges in the most recent budget ordinance Said
hundred dollars 500 per violation per juvenile
determined in the annual schedule offees and
civil
penalty
shalI not exceed the
sum
of five
In addition any Parent or Guardian of any Juvenile found liable of a violation of Section t31
03
or 131
06shall be subject to a civil penalry to be determined in the annual scheduie of fees and
chazges
in the most
recent
budget
ordiaance Said civil
hundred dollazs 500 per violation per juvenile
juvenile shall be considered a separate violation
Section 131
089
The
provisions
herein
penalty
not
exceed the
regarding
sum
of five
each individual
Severabilitv
of this section
aze
considered severabie and in the
part thereof shall be deemed unconstitutional invalid
I force and zffect
provisions hereof sha1l remain in fu
or
shall
Each incident
or
event
that any
provisions
unenforceable the other
Section 131
10
The
singular
Gender
includes the
masculine and feminine
plural
plura
the masculine
singular
unless otherwise
includes the feminine
specified
Effective Date
2
his Ordinance shall become effective two weeks after its
I
Town Council
least
once
singutar and
in
a
During
adoption
adoption by
vote of the Indian Trail
of such ordinance shalt be
published
local newspaper
So ordained this the
onorable S
such time notice ofthe
d
z
Moore
day
of
2007
ayor
Attest
L
c
uY
G
v
C
ontek
Town Clerk
i
G
n
G
Oi
CIAL
DEAL
YYY
e
n
6
at
Ordinance 0070612
31
AN ORDINANCE FOR THE SAFETY AND PROTECTION OF MiNORS WITHIN THE
INCORPORATED LIMITS
OF THE TOWN OF INDIAN TRAIL
WHEREAS
unsupervised
WHEREAS
the Town Council of Indian Trail has received much citizen
Minors
assistance when
are
subject
unsupervised
to
her Pazent
NOW
or
the
greater exploitation and risks with less available adult
late at
WHEREAS Protection ofMinors
as Chapter 131 of the Indian Trail
WHEREAS
input regarding
Minors at risk and
night
is the
as
the
TI
REFORE
subject
of a companion ordinance
proposed
to be added
Code of Ordinances
primary responsibiliry
Guardian
and
for the
supervision
and
protection of a
Minor is his
or
defined below
Town Council of the Town of Indian Trail does
herby ordain
as
follows
1 There
is hereby created
a new
chapter
ofthe Code of Ordinances to read
as
follows
Chanter 132 Minor Ptotection Ordinance
Section 132
01
wse
Pur
The purpose of this article is to protect Minors from victimization and exposure to criminal
activity by establishing a curfew for Minors between the ages of 16 and 1 S yeazs in the town
This article is intended to reinforce and promote the role ofthe Parent in raising and guiding
children and promote the health safety and welfaze ofboth Minors and adults
environment offering better protection and secutity for all concemed
following words
terms and
ascribed to them in this
Direct route
A
reach
a
an
Definitions
02
Section 132
The
by creating
phrases
when used in this
section except where the context
means
the shortest reasonable
final destination without any detour
article shall have the meanings
cleazly
indicates
a
different
path of travel or a commonly
or stop along the way
meaning
used route
to
unforeseen combination of circumstances or the resulting state that
an
calls for immediate action The term includes but is not limited to a flre a natural disaster
automobile accident or any situation requiring immediate action to prevent serious bodily injury
his term also includes any action that is reasonably necessary in order to respond to
or death I
s action is
member of the Minor regardless of whether the Minor
the medical needs of a
B
Emergency
means
an
family
taken in order to prevent death
or
serious
bodily injury
privately owned place of business operated for profit to which
ace of amusement or
public has access or is invited including but no limited to any p
the
Establishinent
C
means any
entertainment
D
Guardian
E
Minor
their
means a
person who is court
appointed
to be the Guardian of a Minor
any person who has reached their sixteenth birthday but has not reached
birthday and is not married emancipated or a member ofthe armed forces of the
means
eighteenth
United States
Owner means any individual firm association partnership or corporation
operaror
operating managing or conducting any establishment including the employees members or
F
partners
G
or
of an association
or
partnerslup and
the c
o
ers of a corporatioa
person who is a natural Pazent adoptive Pazent foster
other persons or person to whom legal custody of a Minor has been given
Parent means
Public plnce
K
a
means
Parent Steppazent
by court ocder
that is generally open to and used by the public or a
whether it be publicly or privately owned including but not
any
place
substantial group of the public
limited to streets sidewalks highways alleys rights
waypublic vehicular areas and pazking
of
theaters
restaurants shops bowiing alieys schools and school
lots transportation facilities
grounds places ofbusiness and amusement playgrounds pazks similaz areas that are open to
the
and other
public
common azeas
to or
open
accessible to the
public
premises when
an
requested to do so by a law enforcement officer or to fail to leave the premises of
the
or
of
do
so
the
oyee
emp
premises
by
operator
owner
establishment when requested to
Remain means to
I
linger or stay
in
a
public place
to
fail to leave the
Restricted hours The time of night referred to in this article is based upon the prevailing
J
standatd of time whether Eastem Standard Time or Eastem Daylight Saving Time generally
observed at that hour by the public in the city Restricted hours means on any Sunday Monday
m of the
00 p
00a
or Thursday Friday and Saturday 11
m unti16
Tuesday Wednesday
following day
Section 132
03
Except
as
provided by
Violation Defined
section 132
04 the
fotlowing
offenses constitute
a
violation of this article
1 A Vtinor commits an offense by being present in or remaining in any public place
premises of any establishment within the city during the restricted hours
or on
the
Guardian of a
linor commits an offense iY he knowingly permits or by
insufficient contro allows the Vtinor to remain in any public place or on the prernises of any
he term knowingly includes
establishment rithin the city during the restricted hours 1
that a Parent should reasonably be expected to have conceming the whereabouts of a
2
4 Parent
or
knowledge
tinor in that ParenPs
legal custody
This
requirement
is intended to hotd
a
neglectYul
or
careless
Parent up to
test t shall
conduct
or
a
reasonable
therefore
community
be
no
standazd of Pazental
defense that
a
Parent
was
responsibility through an objective
completely indifferent to the activities
or
whereabouts of such Minor
3 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 operator or employer should
reasonably be expected to have concerning the patrons of an establishment The standazd for
knowingly shall be applied through an objective test whether a reasonable person in the
s position should have known that the patron was a Minor in violation of
s or employee
operator
this article
4
It shall be
violation of this article
a
Minor in the violation of subsection
1
for any person 18 yeazs of age
ofthis section
or
older to aid
a violation ofthis article for a Parent or Guardian to refuse to take
hours
of a Minor for whom the Pazent or Guardian is responsible
the restricted
5
It shall be
or
abet
a
custody during
Sec 132
04 Excentions
A Minor who is in
a
public place
or
establishment
during
the restricted hours shall not be in
violation ofthis article if the Minor is
1 Accompanied by his
Parent
or
Guardian
adult 18 years of age or older authorized by the Parent or Guardian of
s place in accompanying the Minor for a designated
such Minor to take the Pazent
s or Guazdian
2 Accompanied by
period oftime
3
On
an
an
and purpose within
a
specified
errand using a direct route
the hour of 1230
at
azea
s Pazent
the direction of the Minor
or
Guardian until
m
a
4 In a motor vehicle with Parental consent engaged in interstate travel through the city or
originating or terminating in the ciTy or operating a motor vehicle on the public street or
s license issued by the North
highways in full compliance with the restrictions of any operator
Cazolina Division of vlotor Vehicles
5
Traceling
in
a
vehicle with
motor
a
Pazent or Guazdian
or
ing
trave
in
a
motor
vehicle with
adult 18 years of age or older authorized by the Pazent or Guazdian of such linor to take the
s or Guardian
Parent
s place in accompan ing the tinor for a designated period of time and
an
purpose within a specified
6
Engaged
area
employment activity
in
a
or
responding
lawful
employment
7
Reacting
to an
emergency
or
using
a
direct route to
or
trom
a
place of
8 Attending or traveling to or from by direct route an official school religious or
recreational activity that is supen ised by aduits and sponsored
by a public or private school
or
other
city
governmental entity a civic organization or another similar entity that accepts
responsibility for the Minor
9 Exercising
First Amendment
rights protected by the United States
right of assembly
Constitution such
as
the
the
free exercise of religion freedom of speech and the
When authorized
person ofthe Minor thus
10
by special permit from the Town Manager or his designee carried on the
authorized as follows When necessary nighttime activities of a Minor
may be inadequately provided for by other sections of this article recourse may be had to the
Town Manager or his designee either for a regulation as provided in subsection
11 of this
section or for a special permit as the circumstances warrant Upon the findings ofreasonable
necessity for the use of a public piace to the extent wazranted by a written application signed by a
Minor and by a Parent or Guardian ofthe Minor if feasible stating i the name age and
address of the Minor ii the name address and telephone number of a Parent or Guardian
thereof iii the height weight sex wlor of eyes and hair and other physical characteristics of
the Minor iv the necessity that requires the Minor to remain upon a public place
during the
restricted hours otherwise applicable v the public place and vi the beginning and ending of
the period of time involved by date and hour the Town Manager or his designee may grant a
s use of a public place at such hours as in the opinion of the
permit in writing for the Minor
Town Manager may reasonably be necessary and consistent with the purposes of this arricle
When
authorized by regulation issued by the Town Manager or his designee in other
of reasonable necessity similarly handled as set forth in subsection
10 of this
section but adapted to reasonabiy necessary nighttime activities of more Minors than can readily
be dealt with on an individual special permit basis Normally such regulation by the Town
Manager or his designee permitting use of public places should be issued sufficiently in advance
to permit appropriate publicity through news media and through other agencies such as the
schools and shall define the activity the scope of the use ofthe public places permitted the
period of time involved not to extend more than one hour beyond the time for termination of the
activity and the reason for finding that the regulation is reasonably necessary and is consistent
11
similaz
cases
with the
purposes of this article
05
132
Sec
tis
3 that the owner operator or employee of an
03
prosecution under section 132
Liinor was present on
promptly notified the town law enforcement agency that a
of
the
establishment
the
restricted
hours
and
refused to leave
during
premises
a
defense
Defense
to
estabtishment
the
06
Section 132
Enforcement
Minor shall be found in violation ofthis section any Law Enforcement Officer may
detain the Minor and determine if he is a first time offender of this section The Minor may be
to any Law Enforcement Facility in order to facilitate such detemilnation
When
a
transported
first time offender ofthis section the Law
Enforcement Officer will contact his Parent or Guardian to make the Pazent or
Guardian aware of the violation and request that the Pazent or Guardian take
If it is determined that the Minor is
a
a
ofthe Minor The Law Enforcement Officer may transport the Minor to
s Parent or Guardian will receive a written
the Parent or Guazdian The Minor
first
offense
ofthis section and the Law Enforcement
warning for allowing a
custody
Officer shall maintain
the
Minor
the
name
an
Report including the name age and address
of the Parent or Guardian the date time and
Incident
and address
of
location ofthe offense and any other relevant information A copy ofthis Incident
Report shall be forwazded to the Town Manager
s
If it is determined that the Minor is a repeat offender ofthis section the Minor
edand the Minor retumed to the Parent or
Parent or Guardian shall be not
The
Pazent or Guardian may be issued a civil summons
Guardian as in a above
b
charging
him with
a
shall be maintained
Section 132
07
violation of this section An Incident
by
the
Refusal bv Pazent
town Law
or
Enforcement
Guazdian
to
RepoR ofthe offense
Agency
take custodv ofMinor
Guardian of any Minor found in violarion of this section refuses to take custody
summons
charging
of such Minor the Pazent or Guardian may be issued a criminai citarion or
this
section
him with a violation of
If the Pazent
or
08
Section 132
Penal
03 shall be subject to a civil penatty to be
who violates Secrion 131
determined in the annual schedule of fees and chazges in the most recent budget ordinance Said
Minor In
civil penalty shall not exceed the sum of five hundred dollars 500 per violation per
03 or
Pazent or Guardian of any Minor found liable of a violation of Section 131
Any person
addition
16
or over
any
Fees
and
subject to a civil penalty to be detemuned in the Annual Schedule of
the most recent budget ordinance
Chazges adopted by the Town Council in conjunction with
violatio per Minor
Said civil penalty shall not exceed the sum of five hundred dollars 500 per
131 shall be
06
Each incident
regarding
089
Section 132
The
procisions of this
each indicidual Minor shall be considered
or
sepazate violation
Severabilitv
section
are
considered severable and in the
part thereof shall be deemed unconstimtional
isions hereof shall remain in tutl force and effect
pro
herein
a
im alid
or
event
that any
provisions
unenforceable
the other
10
Section 132
The
singular
Gender
includes the
masculine and feminine
plural
plural
the masculine
singular
unless otherwise
includes the feminine
singulaz
and
specified
Effective Date
2
This Ordinance shall become effective
Town Council
least once in
a
During
two
weeks after its
such time notice of the
adoption
adoption by
vote of the Indian Trail
of such ordinance shall be
published
local newspaper
So ordained this the
z day
l
of June 2007
i
H
norable S
y
oore M
or
l
Attest P
A
7
ionte
Town Clerk
at