EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: The Council President
At the request of: The Administration (Police Department)
A BILL ENTITLED
AN ORDINANCE concerning
Title
Daytime and Nighttime Curfews
FOR the purpose of authorizing certain minors to be taken to a juvenile holding facility under certain circumstances; defining certain terms; specifying the type of civil citation to be used for violations by parents; authorizing the use of civil citations for violations by establishments; modifying certain penalties; conforming, correcting, and clarifying certain language; deleting certain obsolete language; and generally relating to minors and to the enforcement of the daytime and nighttime curfews.
Body
BY adding
Article 1 - Mayor, City Council, and Municipal Agencies
Section(s) 41-14(2)(Art. 19, § 34-5 and § 34-6)
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 19 - Police Ordinances
Section(s) 34-1, 34-3 through 34-9
Baltimore City Code
(Edition 2000)
BY adding
Article 19 - Police Ordinances
Section(s) 34-8.1
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 1. Mayor, City Council, and Municipal Agencies
Subtitle 41. Civil Citations
§ 41-14. Offenses to which subtitle applies - Listing.
(2) Article 19. Police Ordinances
§ 34-5. CURFEWS: PROHIBITED CONDUCT OF PARENTS, GUARDIANS, ETC. $ 50
§ 34-6. CURFEWS: PROHIBITED CONDUCT OF ESTABLISHMENTS $ 500
Article 19. Police Ordinances
Subtitle 34. Minors - Daytime and Nighttime Curfews
§ 34-1. Definitions.
(a) In general.
In this subtitle, the following [definitions apply] TERMS HAVE THE MEANINGS INDICATED.
(b) Establishment.
"Establishment" means:
(1) any privately-owned place of business carried on for a profit; or
(2) any place of amusement or entertainment to which the public is invited.
(C) JUVENILE HOLDING FACILITY.
"JUVENILE HOLDING FACILITY" MEANS A PLACE, AS ESTABLISHED OR DESIGNATED BY THE CITY, TO WHICH MINORS BELIEVED TO BE IN VIOLATION OF § 34-3 {"PROHIBITED CONDUCT OF MINORS - NIGHTTIME CURFEW"} OF THIS SUBTITLE CAN BE TAKEN TO DETERMINE AN APPROPRIATE COURSE OF ACTION.
(D) [(c)] Minor.
"Minor" means any person under the age of 17 years.
(E) [(d)] Operator.
(1) "Operator" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment.
(2) Whenever used in any clause prescribing a penalty, the term "operator":
(i) as applied to associations or partnerships, shall include the members or partners thereof; and
(ii) as applied to corporations, shall include the officers thereof.
(F) [(e)] Parent.
"Parent" means:
(1) any natural parent of a minor;
(2) a guardian; or
(3) any person 18 years [of age or over] OLD OR OLDER WHO IS legally responsible for the care and custody of a minor.
(G) [(f)] Public place.
"Public place" means any public street, highway, road, alley, park, playground, wharf, dock, public building, or vacant lot.
(H) [(g)] Remain.
"Remain" means to loiter, idle, wander, stroll, or play in or upon.
(I) [(h)] Truancy center.
"Truancy center" means a place, as established or designated by the City, to which minors believed to be in violation of § 34-4 {"Prohibited conduct of minors - daytime curfew"} of this subtitle can be taken to determine an appropriate course of action.
§ 34-3. Prohibited conduct of minors - nighttime curfew.
(a) Scope of section.
[The provisions of this] THIS section [shall] DOES not apply to a minor:
(1) accompanied by the minor's parent [or guardian];
(2) on an errand at the direction of the minor's parent, 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 OR, WITHOUT ANY DETOUR OR STOP, GOING TO OR RETURNING HOME FROM an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Baltimore, 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 City of Baltimore, 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) WHO IS OR HAS BEEN married [or had been married].
(b) Prohibited conduct.
No minor [shall] MAY remain in or [upon] ABOUT any public place or any establishment:
(1) between the hours of [12:00 midnight Friday] 12:00:01 A.M. SATURDAY and [6:00] 6 a.m. Saturday;
(2) between the hours of [12:00 midnight Saturday] 12:00:01 A.M. SUNDAY and [6:00] 6 a.m. Sunday[, official City time]; or
(3) between the hours of [11:00] 11 p.m. and [6:00] 6 a.m. of the following day, on any other day of the week.
§ 34-4. Prohibited conduct of minors - daytime curfew.
(a) In general.
Except as otherwise provided in subsection (b) of this section, no minor between the ages of 6 to 16 years, inclusive, may remain in or about any public place or any establishment between the hours of [9:00] 9 a.m. and 2:30 p.m. on any day during which the minor is required to be in school.
(b) Exceptions.
Subsection (a) of this section does not apply if:
(1) the minor has written proof from school authorities excusing his or her attendance at that particular time; or
(2) the minor is accompanied by [a] THE MINOR'S parent or BY a person 21 years old or older.
§ 34-5. Prohibited conduct of parents, [or] guardians, ETC.
(a) Nighttime curfew.
It [shall be] IS unlawful for the parent of any minor to knowingly permit or, by insufficient control, to allow [such] THAT minor to be in or [upon] ABOUT any public place or any establishment:
(1) between the hours of [12:00 midnight Friday] 12:00:01 A.M. SATURDAY and [6:00] 6 a.m. Saturday;
(2) between the hours of [12:00 midnight Saturday] 12:00:01 SUNDAY and [6:00] 6 a.m. Sunday; or
(3) between the hours of [11:00] 11 p.m. and [6:00] 6 a.m. of the following day, on any other day of the week.
(b) Daytime curfew.
It [shall be] IS unlawful for the parent of any minor between the ages of 6 and 16 years, inclusive, to knowingly permit or, by insufficient control, to allow [such] THAT minor to be in or [upon] ABOUT any public place or any establishment between the hours of 9 a.m. and 2:30 p.m. [of] ON any day during which the minor is required to be in school.
(c) Construction.
[The provisions of this] THIS section [are] IS to be read in conjunction with [the provisions of §§] § 34-3 {"PROHIBITED CONDUCT OF MINORS - NIGHTTIME CURFEW"} and § 34-4 {"PROHIBITED CONDUCT OF MINORS - DAYTIME CURFEW"} OF THIS SUBTITLE.
§ 34-6. Prohibited conduct of establishments.
(a) Nighttime curfew.
No operator of an establishment or his agents or employees [shall] MAY knowingly permit any minor to remain [upon] ON the premises of [said] THAT establishment:
(1) between the hours of [12:00 midnight Friday] 12:00:01 A.M. SATURDAY and [6:00] 6 a.m. Saturday;
(2) between the hours of [12:00 midnight Saturday] 12:00:01 A.M. SUNDAY and [6:00] 6 a.m. Sunday[, official City time]; or
(3) between the hours of [11:00] 11 p.m. and [6:00] 6 a.m. of the following day, on any other day of the week.
(b) Daytime curfew.
No operator of an establishment or his agents or employees [shall] MAY knowingly permit any minor between the ages of 6 and 16 years, inclusive, to remain [upon] ON the premises of [said] THAT establishment between the hours of [9:00] 9 a.m. and 2:30 p.m. [during] ON any school day, unless:
(1) [he] THE MINOR has written proof from school authorities excusing [him from] HIS OR HER attendance at that particular time; or
(2) [unless] THE MINOR IS accompanied by [a] THE MINOR'S parent or BY a person 21 years [of age] OLD or older.
(c) Construction.
[The provisions of this] THIS section [are] IS to be read in conjunction with [the provisions of §§] § 34-3 {"PROHIBITED CONDUCT OF MINORS - NIGHTTIME CURFEW"} and § 34-4 {"PROHIBITED CONDUCT OF MINORS - DAYTIME CURFEW"} OF THIS SUBTITLE.
§ 34-7. Detention of minor not an arrest.
Detention of a minor under this subtitle [shall] IS not [be] considered an arrest and [shall] DOES not create a criminal record for the minor under State law.
§ 34-8. Enforcement GENERALLY.
(a) Identification.
If a police officer has reason to believe that a minor is in violation of § 34-3 {"Prohibited conduct of minors - nighttime curfew"} or § 34-4 {"Prohibited conduct of minors - daytime curfew"} of this subtitle, the police officer shall seek to obtain from the minor:
(3) the minor's name, address, and age; and
(4) the name of the minor's parent or parents.
(b) Daytime curfew.
(1) For a minor believed to be in violation of § 34-4 {"Prohibited conduct of minors - daytime curfew"}, the minor shall be taken, as appropriate, to:
(i) the minor's school;
(ii) a truancy center; or
(iii) the minor's home.
(2) If the minor is taken to school or to a truancy center, the school or center, as the case may be, shall:
(1) notify a parent about the violation of this subtitle; and
(2) take appropriate measures to reduce the probability that the minor will commit a subsequent violation of this subtitle.
(c) Nighttime curfew.
(1) For a minor believed to be in violation of § 34-3 {"Prohibited conduct of minors - nighttime curfew"}, the minor shall be taken, AS APPROPRIATE, TO:
(1) [to] the minor's home; or
(2) [if no parent or adult brother, sister, aunt, uncle, or grandparent is present at the minor's home to take charge of the minor, to an appropriate] A juvenile holding facility.
(2) If the minor is taken to a juvenile holding facility, THE FACILITY SHALL:
(I) NOTIFY a parent or an adult brother, sister, aunt, uncle, or grandparent [shall be notified] to come and take charge of the minor;
(II) NOTIFY A PARENT ABOUT THE VIOLATION OF THIS SUBTITLE; AND
(III) TAKE APPROPRIATE MEASURES TO REDUCE THE PROBABILITY THAT THE MINOR WILL COMMIT A SUBSEQUENT VIOLATION OF THIS SUBTITLE.
(3) If THE MINOR IS TAKEN TO A JUVENILE HOLDING FACILITY AND, BY 6 A.M. OF THE FOLLOWING MORNING, no parent or adult brother, sister, aunt, uncle, or grandparent can be located or [if] none come and take charge of the minor, the minor [and the minor's parents are subject to the penalties set forth in § 34-9 of this subtitle] SHALL BE, AS APPROPRIATE:
(I) TAKEN TO THE MINOR'S HOME;
(II) REFERRED TO OR PLACED IN THE CUSTODY OF THE BALTIMORE CITY DEPARTMENT OF SOCIAL SERVICES; OR
(III) RELEASED FROM THE JUVENILE HOLDING FACILITY.
(d) Maximum period of detention.
In no event may a minor be detained for more than 24 hours if the minor is charged solely with a violation of this subtitle.
(e) Notices.
Notice is presumed to be received by a parent if deposited in a depository for mailing United States Mail, properly addressed and with first-class postage paid. The mailing may be shown by the records of the sending agency made in the regular course of its business.
§ 34-8.1. ENFORCEMENT BY CITATION.
(A) IN GENERAL.
IN ADDITION TO ANY OTHER CIVIL OR CRIMINAL REMEDY OR ENFORCEMENT PROCEDURE, § 34-5 {"PROHIBITED CONDUCT OF PARENTS, GUARDIANS, ETC."} OF THIS SUBTITLE AND § 34-6 {"PROHIBITED CONDUCT OF ESTABLISHMENTS"} OF THIS SUBTITLE MAY BE ENFORCED BY ISSUANCE OF A CIVIL CITATION UNDER CITY CODE ARTICLE 1, SUBTITLE 41 {"CIVIL CITATIONS"}.
(B) PROCESS NOT EXCLUSIVE.
THE ISSUANCE OF A CIVIL CITATION TO ENFORCE THOSE SECTIONS DOES NOT PRECLUDE PURSUING ANY OTHER CIVIL OR CRIMINAL REMEDY AUTHORIZED BY LAW.
§ 34-9. Penalties.
(a) [Parent or guardian] PARENTS, GUARDIANS, ETC.
(1) [At the time a minor is delivered to a parent or guardian at the home of the minor or at the juvenile holding center for the 1st time, a parent or guardian shall be issued a $50 citation.] A PARENT WHO VIOLATES § 34-5 {"PROHIBITED CONDUCT OF PARENTS, GUARDIANS, ETC."} OF THIS SUBTITLE FOR THE 1ST TIME MAY BE ISSUED:
(I) A CIVIL CITATION UNDER CITY CODE ARTICLE 1, SUBTITLE 41 {"CIVIL CITATIONS"}; OR
(II) A WARNING THAT A SUBSEQUENT VIOLATION OF THIS SUBTITLE COULD RESULT IN THE IMPOSITION OF BOTH CIVIL AND CRIMINAL PENALTIES.
(2) [Upon any subsequent conviction, a parent or guardian shall be] A PARENT WHO VIOLATES § 34-5 {"PROHIBITED CONDUCT OF PARENTS, GUARDIANS, ETC."} OF THIS SUBTITLE AFTER HAVING RECEIVED NOTICE UNDER § 34-8 {"ENFORCEMENT"} OF A PRIOR VIOLATION OR AFTER HAVING BEEN ISSUED A CIVIL CITATION OR A WARNING UNDER PARAGRAPH (1) OF THIS SUBSECTION FOR A PRIOR VIOLATION IS GUILTY OF A MISDEMEANOR AND, ON CONVICTION, IS subject to 1 or more of the following, in the discretion of the court:
(i) a fine not to exceed $300 and costs;
(ii) imprisonment for not more than 60 days; [or] AND
(iii) community service [in the school from which the child was truant].
(b) Operator of establishment.
Any operator of an establishment and any [agents] AGENT or [employees] EMPLOYEE of any operator who [shall violate the provisions] VIOLATES ANY PROVISION of § 34-6 {"PROHIBITED CONDUCT OF ESTABLISHMENTS"} OF THIS SUBTITLE IS GUILTY OF A MISDEMEANOR AND, ON CONVICTION, IS SUBJECT TO A FINE OF [may be fined not less than $50 nor] NOT more than $500 for each violation[, and may be imprisoned for not more than 15 days if the fine is not paid].
[(c) Imprisonment on default of fine.
The terms of payment of any fine and of commitment in default of such payment are subject to Article 38 of the Maryland Code, which supersedes any inconsistent provision of this section to the extent of the inconsistency.]
(C) [(d)] Separate offenses.
Each violation of [the provisions] A PROVISION of this subtitle [shall constitute] CONSTITUTES a separate offense.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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