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City adopts curfew for teens

Two-tier hours set for different ages

By KinstonPress.com
Posted: 11:00 PM EST Monday June 5, 2006

Teens may find their best friend is their wristwatch as a curfew for Kinston youth goes into effect almost immediately.

Teens up to age 16 will have to be home by 11 p.m., while those up to age 18 can stay out until midnight.

City Council members unanimously approved the curfew Monday night.

Greg Smith, the city's public safety director, said he will meet with all police commanders Tuesday to make sure they understand the guidelines. Teens on the streets after hours will receive a verbal warning the first 30 days of the ordinance. A written warning will be issued during the following 30 days. Police can then begin issuing citations.

"All our crime is not occurring on the east side of Kinston," Smith told the council. "We will enforce (the curfew) across the city."

The new ordinance contains exceptions that allow teens to be out past curfew in certain circumstances. If a youngster is with a parent, guardian or other adult responsible for his care, the curfew is waived. If a youngster is in a public place because of an emergency, and with a parent or guardian, the curfew is waived.

Other exemptions include:
  • A teen in a car driving from one state to another with permission from a parent;
  • A teen traveling to or from an activity "involving the exercise of First Amendment rights of speech, freedom of assembly or freedom of religion." The teen must notify the public safety department at least 24 hours in advance. Travel must be a direct path and must be 30 minutes before or after the event, and attendance must be with a parent or guardian's knowledge.
  • A teen on a swale or sidewalk next to his or a neighbor's house provided the neighbor has not complained about the teen's presence.
Young people who receive a warning can expect to have their parent or guardian receive a letter from police saying that the next curfew violation will result in full enforcement of the ordinance.

A teen who has received a previous warning for a violation will be taken to the police station and his parent or guardian notified to pick him up.

If a parent cannot be found, or won't pick up the child, the teen will be released to juvenile authorities, or could be released to another adult who, acting on behalf of the parent, assumes the responsibility of caring for the child until a parent arrives.

Any teen who violates the curfew ordinance will be subject to adjudication as a delinquent. The first violation can carry a $25 fine. The fine will increase by $50 for each subsequent offense.

The council will review the ordinance in 120 days to see how successful it is and whether changes need to be made.

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