eLaws | eCases | North Carolina Administrative Code | North Carolina Courts | Counties & Cities of North Carolina | Code of Federal Regulations | United States Code |
 Salisbury
 Code of Ordinances
 Chapter 20. POLICE
 Article IV. YOUTH PROTECTION

  § 20-152. Offenses.  

Latest version.

  • Except as provided by section 20-153, the following offenses constitute a violation of this article:

    (1)

    A juvenile commits an offense by being present in or remaining in any public place or on the premises of any establishment with the city during the restricted hours.

    (2)

    A parent or guardian of a juvenile commits an offense if he or she knowingly permits, or by insufficient control, allows the juvenile to remain in any public place or on the premises or any establishment within the city during the restricted hours where the exceptions of section 20-153 do not apply. The term "knowingly" includes knowledge that a parent should be reasonably expected to have concerning the whereabouts of a juvenile in that parent's legal custody. This requirement is intended to hold neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such juvenile.

    (3)

    The owner, operator, or any 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 where the exceptions of section 20-153 do not apply. The term "knowingly" includes knowledge that an operator or employer should reasonably be expected to have concerning the patrons of an establishment. The standard for "knowingly" shall be applied through an objective test; whether a reasonable person in the operator's or employee's position should have known that a patron was a juvenile in violation of this article.

    (4)

    It shall be a violation of this article for any person sixteen (16) years of age or older to aid or abet a juvenile in the violation of subsection (1).

    (5)

    It shall be a violation of this article for a parent or guardian to refuse to take custody during the restricted hours of a juvenile for whom the parent or guardian is responsible.

(Ord. No. 2009-37, § 1, 6-16-09)