I. PURPOSE

To establish guidelines for enforcement of Code of Ordinances of the City of Rock Hill, §20-241 et seq., related to juvenile curfew.

II. POLICY

Department officers will enforce the City's juvenile curfew ordinance for the protection and safety of the youth of this community and for public safety.

III. PROCEDURES

A. Curfew Hours

The curfew hours are as follows:

September–May:

Sunday–Thursday 11 PM to 6 AM next morning

Friday–Saturday 12 midnight to 6 AM next morning

June–August:

Every Day 12 midnight to 6 AM next morning

B. Administration

1. Officers routinely encounter juveniles during patrol activities and are aware of specific areas where juveniles congregate. After curfew hours, officers are encouraged to check identification of those who appear to be of the age affected by the curfew.
2. The curfew is not probable cause to stop vehicles to check compliance; however, if the vehicle is stopped for some other violation (traffic, alcohol, noise, etc.), the ages of occupants may be checked for compliance with the curfew.
3. Pursuit of juveniles (vehicular or otherwise) as curfew violators is PROHIBITED unless the officer has reason to believe the juvenile is actively involved in the commission of a violent crime and probable cause exists for a custody situation.
4. Officers will maximize human relations skills when making contacts concerning curfew violations, being mindful of the defenses and exceptions permitted by Code of Ordinances of the City of Rock Hill, §20-245.
5. The use of force or coercion by officers to obtain compliance is UNACCEPTABLE.
6. The ordinance WILL BE ENFORCED UNIFORMLY in all areas of the City.
7. Juveniles in violation of the ordinance will be taken by the officer(s) to their residence and released to a parent/guardian or other responsible adult, OR the parent/guardian will be called and asked to meet the officer(s) and the juvenile at the Law Center. The parent/guardian or responsible adult will be issued a CURFEW WARNING TICKET and the Curfew Warning will be entered into Zuercher for documentation purposes.
8. Juveniles who live a short distance outside the City Limits will be transported to their residence with the permission of the on duty Patrol Team Supervisor OR the parent/guardian will be called and asked to meet the officer(s) and the juvenile at the Law Center.
9. If the juvenile has violated the ordinance two (2) or more times, the officer(s) will issue a summons/citation (on a regular ticket/summons) to the parent/guardian to appear in Municipal Court. Bond will be set by a Municipal Court judge.
   1. Chronic repeat offenders (3 or more times) will be referred to the Department of Juvenile Justice.
   2. If the offender is under the age of ten (10) years of age, a copy of the incident report will be forwarded to the York County Department of Social Services (DSS).
10. In the event that a parent/guardian or other adult relative cannot be found to take custody of the juvenile, the juvenile will be taken to the Law Center for safe keeping while some appropriate placement can be arranged.

BY ORDER OF: 

Chris Watts
Chief of Police

MUNICIPAL CODE, CITY OF ROCK HILL, SOUTH CAROLINA

Adopted September 8, 2014

Sec. 20-241. Purpose of division. 

The purposes of this division are: 

1. Protecting the health and welfare of juveniles.
2. Protecting juveniles from improper influences that prevail during the curfew hours.
3. Protecting juveniles from criminal activity that occurs during the curfew hours.
4. Protecting the public from the illegal acts of juveniles committed during the curfew hours. 

(Code 1981, § 21-126)

Sec. 20-242. Findings. 

The city council has caused a detailed study to be made of the benefits of enacting a late night juvenile curfew. In studying the issue, the city caused four community hearings and two high school forums to be held and has surveyed the results of the six forums. The public has been found to be highly and strongly in favor of a proposed curfew, and a specific curfew strategy has been presented to and unanimously accepted by the city human relations committee. It is therefore found by the city council that it would be beneficial to the health, order and general welfare of the city, in connection with the carrying out of municipal duties, that juveniles should be protected from each other and older people on the street during late nighttime hours; that the city desires to reinforce parental control of and responsibility for children; and that the city desires to protect the public and reduce juvenile crime and violence by the enactment of this division, which is designed to promote the health, safety and welfare of both juveniles and adults in the city by creating an environment offering protection and security for all concerned. (Code 1981, § 21-127)

Sec. 20-243. Definitions. 

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 

Chronic repeat offender means a juvenile who has violated this division three or more times. 

Curfew hours means the following hours: 

Establishment means any privately owned place of business operated for profit to which the public is invited, including but not limited to any place of amusement or entertainment. 

Guardian means a person who: 

1. Is the guardian of a juvenile under a court order;
2. Is at least 18 years of age and authorized by the parent or guardian to have care and custody of a juvenile; or
3. Is a public or private agency with whom a juvenile has been placed by a court.

Juvenile means a person who has not reached his 17th birthday and is not married, emancipated or a member of the armed services of the United States. 

Operator means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. This term includes the active local members or partners of an association or partnership and the local officers of a corporation.

Parent means a birth parent, adoptive parent, or spouse of the birth or adoptive parent of a juvenile. 

Repeat offender means a juvenile who has violated this division at least two times. 

(Code 1981, § 21-128) Cross reference- Definitions generally, § 1-2. 

Sec. 20-244. Prohibited acts. 

1. Juveniles. It shall be unlawful for any juvenile to loiter, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, vacant lots or any other place when unsupervised by a parent or guardian having the lawful authority to be at such places inside the city limits during the curfew hours. 
2. Parents or guardians. It shall likewise be unlawful for any parent or guardian to permit or allow a juvenile to engage in the conduct set forth in subsection (a) of this section. 
3. Business operators. It shall likewise be unlawful for any person operating a place of business or amusement to allow or permit any juvenile subject to the curfew to be in or upon or to remain in or upon the premises or grounds of such place of business or amusement during the curfew hours, unless such juvenile is gainfully employed at such business or amusement with the permission of his parent or guardian. It shall be a defense to such operator that he promptly notifies the city police department that a juvenile present on the premises of the establishment during curfew hours refused or declined to comply with the operator's instruction to leave. (Code 1981, § 21-129)

Sec. 20-245. Defenses and exceptions. 

The following are defenses and exceptions under this division: 

1. A juvenile who is accompanied by his parent or guardian.
2. A juvenile who is on an errand at the direction of the juvenile's parent or guardian, without any detour or stopping. 
3. A juvenile who is in a motor vehicle involved in interstate travel.
4. A juvenile engaged in an employment activity, or going to or returning home from an employment activity, without detour or stopping. 
5. A juvenile who is out because of a verifiable emergency of the juvenile or someone in such juvenile's family. 
6. A juvenile who is on his residential property or property of a next-door neighbor, if the neighbor does not complain to the police department about the juvenile's presence. 
7. A juvenile who is attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or other entity that takes responsibility for the juvenile, or who is going to or returning home from such activity without any stop or detour. (Code 1981, § 21-130)

Sec. 20-246. Enforcement procedures for violations by juveniles. 

1. When a juvenile is found to be in violation of this division, the officer shall check with records to determine if the juvenile is a first offender. If so, the juvenile will be transported to the residence of his parent or guardian. 
2. A juvenile who is a chronic repeat offender of the curfew will be referred to the department of juvenile justice. 
3. If the juvenile is ten years of age or younger, a copy of the incident report will be forwarded to the county department of social services. (Code 1981, § 21-131)

Sec. 20-247. Penalty for violations by parent or guardian or business operator. 

Any parent or guardian of a repeat offender or operator of an establishment who is found guilty in municipal court of violating this division shall be subject to a fine up to $250.00 plus court costs or be imprisoned up to 30 days. The municipal court may, in its discretion, require a specified number of hours of community service in lieu of fine or imprisonment. (Code 1981, § 21-132)