§ 16-44. Juvenile curfew.

(a)

Definitions. Words or terms not defined in this section but defined in applicable state law or the Code of DeKalb County, as Revised 1988, shall be given that meaning. All other words or phrases shall be given their common, ordinary meaning unless the context requires otherwise. The following words, terms and phrases, when used in this section 16-44 and in section 16-45, shall have the meanings ascribed to them below except where the text clearly indicates a different meaning:

Adult means a person who is at least eighteen (18) years of age and authorized by a parent or guardian to have the lawful care and custody of a minor, or an emancipated minor.

Curfew hours means the hours from 12:00 midnight until 5:00 a.m. each day.

Emancipated minor means any person under the age of eighteen (18) who has had the disabilities of minority removed and been declared an emancipated minor by a court of competent jurisdiction.

Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a serious or life threatening medical problem/condition, a fire, natural disaster, automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

Establishment means any privately owned place of business which is open for business and to which the public is invited during curfew hours including but not limited to any teen club open during curfew hours, places of amusement or entertainment, malls, restaurants, and shops that are open during curfew hours.

Guardian means a person who, under court order, is the guardian of the person of a minor or a public or private agency with whom a minor has been placed by the court or other adult.

Minor means any person under the age of seventeen (17) years.

Operator means any individual, firm, association, partnership or corporation owning, operating, managing, conducting or having control or custody of any establishment or public place. The term "operator" includes, but is not limited to, elected and appointed officials, managers, members or partners of an association or partnership and officers of a corporation.

Parent means a person who is a natural parent, an adopted parent or step-parent of a minor.

Public place means any place owned or operated by a governmental entity to which the public or a substantial group of the public has access during curfew hours and includes, but is not limited to, streets, sidewalks, highways, alleys, and public schools, and school stadiums or athletic fields.

Remain means to linger or stay, or fail to leave premises when requested to do so by a police officer, code enforcement officer, authorized county employee, the operator or other person in control of an establishment or a public place; and

Serious bodily injury means bodily injury that causes death or creates a substantial risk of serious permanent disfigurement, or protracted loss or impairment of any part of the human body.

(b)

Curfew for minors.

(1)

It is unlawful for any minor to remain in or at a public place or an establishment in unincorporated DeKalb County unsupervised by a parent or guardian during curfew hours except as allowed in subsection 16-44(c).

(2)

It is unlawful for the parent or guardian of any minor to knowingly allow such minor to remain in or at any public place or establishment in unincorporated DeKalb County during curfew hours except as allowed in subsection 16-44(c).

(3)

It is unlawful for an operator of an establishment or public place to knowingly allow a minor to remain in or at an establishment or public place in unincorporated DeKalb County during curfew hours except as allowed in subsection 16-44(c).

(4)

It is a full defense to prosecution under this section that the operator of an establishment or public place promptly notified the DeKalb County Police Department that a minor was present on the premises during curfew hours and the minor refused to leave.

(c)

Exceptions. The requirements of this section shall not apply during curfew hours in the following instances:

(1)

When a minor is accompanied by his or her parent or guardian;

(2)

When the minor is involved in an emergency or if such minor is seeking medical treatment;

(3)

When the minor is returning directly home from a school activity, entertainment, recreational activity or dance;

(4)

When the minor is engaged in lawful employment or is going to or returning directly home from lawful employment;

(5)

When the minor is attending or traveling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly or free exercise of religion;

(6)

When the minor is in a motor vehicle with the consent of a parent or guardian. All minors engaged in interstate travel through unincorporated DeKalb County are exempt from the requirements of this section 16-44;

(7)

When the minor is traveling with the consent of a parent or guardian and is in an airport, bus station or other waiting or business area of a facility that provides transportation from one (1) place to another;

(8)

When the minor is an emancipated minor; or

(9)

When applicable law or regulation authorizes the minor to be in a public place or establishment.

(d)

Violations and jurisdiction.

(1)

Any person who does anything prohibited by sections 16-44 and 16-45 or who fails to do anything required by sections 16-44 and 16-45, upon citation or summons by a police or code enforcement officer or other authorized county employee, and judgment or conviction of the violation in a court of competent jurisdiction, which includes the Recorders Court and Juvenile Court of DeKalb County, shall be subject to appropriate penalties as imposed by the court. A minor, parent, guardian or operator of an establishment or public place who violates this section for the first time shall be given a warning citation.

(2)

Adjudication of violations of this section by minors shall be made in accordance with O.C.G.A. § 15-1-1 et seq.

(3)

Before taking any enforcement action, the authorized county officer or employee shall ask the apparent offender's age and the reason for being in the public place or establishment. The authorized county officer or employee shall not issue a citation or make an arrest unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstance, that no exception listed in subsection 16-44(c) is present.

( Ord. No. 13-14 , Pt. I, 9-24-13)

Editor's note

Part I of Ord. No. 13-14 , adopted Sept. 24, 2013, repealed the former § 16-44, and enacted a new § 16-44 as set out herein. The former § 16-44 pertained to Loitering—minors and derived from the 1976 Code, § 10-1009.