Purpose:
The purpose of this ordinance is to protect juveniles from victimization and exposure to criminal activity by establishing a curfew for juveniles under the age of 16 years in the City of Charlotte and unincorporated Mecklenburg County. This is intended to reinforce and promote the role of the parent in raising and guiding children and promote the health, safety, and welfare of both juveniles and adults by creating an environment offering better protection and security for all concerned.
History:
In 1995 the City of Charlotte created a Youth Protection Ordinance that established a curfew for children less than 16 years of age. In 1996 the Mecklenburg County Commission passed a Youth Protection Ordinance essentially identical to the City of Charlotte's Youth Protection Ordinance. The key provision of the ordinance is the establishment of a curfew for children under 16 years of age. This ordinance governs offenses in both the City and the County.
Definitions:
-- Juvenile means any person under the age of 16 years.
-- Public place means any place that is generally open to and used by the public, including, but not limited to, streets, sidewalks, highways, alleys, public vehicular areas and parking lots, transportation facilities, theaters, restaurants, schools and school grounds, playgrounds, parks, and other common areas open to or accessible to the public.
Restricted Hours:
(1) Sunday, Monday, Tuesday, Wednesday, or Thursday – 11:00 p.m. until 6:00 a.m.
(2) Friday or Saturday, 12:01 a.m. until 6:00 a.m.
Offenses:
(1) A juvenile commits an offense by being present in or remaining in any public place or on the premises of any establishment within the city during the restricted hours.
(2) A parent or guardian of a juvenile commits an offense if he/she knowingly permits or allows the juvenile to remain in any public place during the restricted hours.
(3) The owner, operator, or an employee of an establishment commits an offense if he/she knowingly allows a juvenile to remain upon the premises of the establishment during the restricted hours.
(4) It is a violation of the ordinance for any person 16 years of age or older to aid or abet a juvenile in being present or remaining in a public place within the city during the restricted hours.
(5) It is a violation of the ordinance for a parent or guardian to refuse to take custody during the restricted hours.
(Certain exceptions exist for juveniles in a public place during the restricted hours which are set out in the ordinance.)
Penalties:
(1) A juvenile who violates any provision of the ordinance is subject to being adjudicated delinquent.
(2) Any parent/guardian or other person who violates the ordinance shall be guilty of a misdemeanor.
