The Fayetteville City Council will decide whether to pass a youth curfew ordinance at its next meeting on May 27.
The youth protection ordinance would prohibit anyone younger than 16 in public places from 11 p.m. to 6 a.m. unless they are accompanied by a parent or guardian.
Modeled after Charlotte’s ordinance, the curfew would carry penalties for youth who break it, as well as their parents and owners of establishments where juveniles breaking curfew are discovered (depending on their knowledge of the situation). If the council votes in favor of the ordinance, it would go into effect immediately.
Though the city council has been toying with the idea of a curfew for nearly two years — ultimately rejecting a proposal in September 2023 — city leaders got serious about it again during a special public safety meeting on May 5. During the meeting, which was called by the mayor to address a spike in gun violence, the council voted 8-2 to ban unattended minors in the city after dark. The ordinance had not yet been drafted, so the vote was not legally binding.
Now, with the ordinance drafted, the mayor could sign it into municipal code with a vote next Tuesday.
According to the ordinance and statements made by city council members, the curfew is meant to protect youth from being victims and perpetrators of crime.
“This article 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,” the ordinance states.
What’s in the ordinance
In order to be charged with violating the curfew, a parent or guardian must “knowingly” allow the minor under their care to be in a public place past curfew hours.
“The term ‘knowingly’ includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a juvenile in that parent’s legal custody,” the ordinance states. “This requirement is intended to hold a neglectful or careless parent up to a reasonable community standard of parental responsibility through an objective test.”
A similar standard applies to owners of establishments or public places in Fayetteville. However, owners who suspect a youth is breaking the curfew by being on their property would not face penalties if they report the minor’s presence to the police. No such defense exists for parents or guardians.
Enforcement of the ordinance would first require a police officer to ask about the age of the individual suspected of breaking the curfew, as well as their reason for being out. If the officer determines the individual is breaking the curfew, they can then “prepare a juvenile arrest report, issue a citation, or make an arrest.”
Parents or guardians are required to take custody of youth under their care who violate the curfew.
Exceptions and penalties
The ordinance has a dozen exceptions. Among others, these include cases of emergency, when a youth is working or going to or from their place of employment, on an errand for a parent or guardian, with an adult older than 21 who is authorized to accompany them, or exercising “First Amendment rights.” Other reasons that do not fall under the existing exceptions could also be legitimized by a parent or guardian obtaining a special permit from the police department.
Penalties in the ordinance differ depending on the offending party. There is no set consequence for youth breaking the curfew, but a juvenile court judge could decide on a case-by-case basis. Youth violating the curfew could also be “adjudicated delinquent,” entering them into the juvenile justice system. This is not the same as being convicted of a crime, but it can carry jail time depending on the judge’s discretion. Juvenile courts in North Carolina tend to focus on rehabilitation.
“The court may, in its discretion, impose any dispositional alternatives that are provided in the state juvenile code for any juvenile who is delinquent,” the ordinance states.
Adults who violate the curfew by knowingly allowing youth to break it could be charged with a Class 3 misdemeanor and a maximum fine of $500.
The city council meeting will take place on Tuesday, May 27, at 6:30 p.m. at City Hall, 433 Hay St. It will also be livestreamed on the city’s website.
Government accountability reporter Evey Weisblat can be reached at eweisblat@cityviewnc.com or 216-527-3608.
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