Thursday, July 16, 2009

New City Curfew: 16 and Under in by 11:00PM

The City of Salisbury announced that Salisbury City Council has adopted an ordinance to protect juveniles, under the age of sixteen, from victimization and exposure to criminal activity. The ordinance amends Chapter 20: POLICE, of the Salisbury City Code, and adds a new section to the chapter entitled Article 4. The adoption came early during the Tuesday, June 16 council meeting and establishes a curfew for youth fifteen years and younger. Beginning July 1, 2009, it will be unlawful for juveniles under the age of sixteen to be in public places, without a parent or appointed guardian, between the hours of: 11 pm and 6 am, Sunday – Thursday, and from midnight-6 am on Friday and Saturday nights. The Youth Protection Ordinance is intended to reinforce the role of the parent in raising and guiding children and to encourage parents to be responsible for the whereabouts of their children.


The curfew ordinance provides exceptions for youth who are traveling to and from school, and religious and civic-sponsored events. In addition, youth traveling to places of employment or responding to emergencies are excluded. The ordinance was not adopted to inhibit positive youth activity or activity that is being supervised properly. The Salisbury Police say that "the Youth Protection and Curfew Ordinance places the responsibility of juvenile action with the parent or guardian. Parents are expected to have concern and knowledge for their children's whereabouts and the safety of their children should be as important to the parents as it
is to us.”

Before taking action, Salisbury Police Officers will approach the apparent offender and obtain the youth's age and reason for being in the public place or establishment during restricted hours. Should the officer believe that an offense has occurred, a juvenile contact report or complaint will be filed, and the juvenile will be removed from the area and taken into custody. Juvenile violators will be subject to referral by complaint to the Department of Juvenile Justice and Delinquency Prevention. The youth's parent or guardian will be contacted immediately and required to meet with the officer. The police officer may release the youth violator into the hands of a parent or guardian only. Parents or guardians refusing to take custody of their children will be in violation of the City of Salisbury code and subject to an additional fine.


The owner, operator, or any employee of a public or private establishment that allows juveniles to remain on the premises during restricted hours will be in direct violation of the Youth Protection and Curfew Ordinance. Police Cheif Mark Wilhelm informs that “to defend their establishment from violation and potential fines, establishments should request that youth dismiss from the property prior to the onset of curfew restricted hours. If youth refuse to leave the premises, proprietors should take steps to protect themselves from violation of the City of Salisbury Code. Establishments may contact the Salisbury Police Department at 704-638-5333 and request that youth be removed from their property.” Adult violators and parents or guardians of youth violators may be found guilty of a misdemeanor and subject to a fine of up to $100 at the discretion of a District Court Judge.


The Youth Protection and Curfew Ordinance describes public or private places such as streets, sidewalks, highways, alleys, rights of ways, public vehicular areas and parking lots, transportation facilities, theaters, restaurants, shops, and bowling alleys. Schools and school grounds, places of business and amusement, playgrounds, and parks are also included. Any similar areas open to the public are covered under the newly adopted code as well as common areas open to or accessible to the public. The definition of public places is inclusive of, but not limited to those areas outlined in the ordinance.


For a copy of the adopted Youth Protection and Curfew Ordinance, citizens may visit the Salisbury Police Department at 130 E. Liberty Street and request a printed copy at the front counter. In addition, an online, printable version of the ordinance is available by visiting the City of Salisbury website at www.salisburync.gov and clicking on the link entitled Youth Protection and Curfew Ordinance, under the heading of Highlights. For more information regarding the City of Salisbury, visit http://www.salisburync.gov/. For more information regarding the Salisbury Police Department, please call 704-638-5333 or visit the department online at www.salisburyncpd.org .

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