Subtitle 34 – Minors - Daytime and Nighttime Curfews

In this subtitle the following terms have the meanings indicated.

“Establishment” means:

“Parent” means:

“Public place” means any public street, highway, road, alley, park, playground, wharf, dock, public building, or vacant lot.

“Remain” means to loiter, idle, wander, stroll, or play in or upon.

“Youth Connection Center” means a place, as established or designated by the City, to which minors believed to be in violation of § 34-3 {“Prohibited conduct of minors – Nighttime curfew”} or <cite data-path="|19|§34-4">§ 34-4 {“Prohibited conduct of minors – Daytime curfew”} of this subtitle</cite> can be taken to determine an appropriate course of action.

An emergency has been created by a substantial increase in the number and in the seriousness of crimes committed by minors against persons and property within the City, and this has created a menace to the preservation of public peace, safety, health, morals, and welfare.

The increase in juvenile delinquency has been caused in part by the large number of minors who are permitted to remain in public places and in certain establishments during night hours without adult supervision, and during daylight hours at times when, by law, they are required to attend school.

Education is the foundation of success and a productive life. The City of Baltimore provides the educational system and its staff, but the cooperation of students and their parents determines the productivity of the educational system. Late evening activity by certain of our youth prevents them from concentrating in class or, even worse, causes their absence from class. This, together with truancy, has risen alarmingly in recent years and youth is thus deprived of a necessary basic education. The rate of absenteeism has risen alarmingly in recent years while the achievement rate has rapidly decreased. The end result is an increase in failures and dropouts, frustration, malcontent, antisocial conduct, and, for many, a future without promise.

The problem of juvenile delinquency can be reduced by regulating the hours during which minors may remain in public places and in certain establishments without adult supervision, and by imposing certain duties and responsibilities upon the parents or other adult persons who have care and custody of minors.

This section does not apply to a minor:

No minor less than 14 years of age may remain in or about any public place or any establishment between the hours of 9 p.m. on any day and 6 a.m. of the following day.

Except as otherwise provided in subsection (b) of this section, no minor under the age of 16 may remain in or about any public place or any establishment between the hours of 7:30 a.m. and 3 p.m. on any day during which the minor is required to be in school.

Subsection (a) of this section does not apply if:

If a police officer has reason to believe that a minor is in violation of § 34-3 {“Prohibited conduct of minors – Nighttime curfew”} or <cite data-path="|19|§34-4">§ 34-4 {“Prohibited conduct of minors – Daytime curfew”} of this subtitle</cite>, the police officer shall seek to obtain from the minor:

In no event may a minor be detained for more than 24 hours if the minor is charged solely with a violation of this subtitle.

Notice is presumed to be received by a parent if deposited in a depository for mailing United States Mail, properly addressed and with first-class postage paid. The mailing may be shown by the records of the sending agency made in the regular course of its business.

In addition to any other civil or criminal remedy or enforcement procedure, <cite data-path="|19|§34-5">§ 34-5 {“Prohibited conduct of parents, guardians, etc.”} of this subtitle</cite> and <cite data-path="|19|§34-6">§ 34-6 {“Prohibited conduct of establishments”} of this subtitle</cite> may be enforced by issuance of a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}.

The issuance of a civil citation to enforce those sections does not preclude pursuing any other civil or criminal remedy authorized by law.

Any operator of an establishment and any agent or employee of any operator who violates any provision of § 34-6 {“Prohibited conduct of establishments”}of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each violation.

Each violation of a provision of this subtitle constitutes a separate offense.

Annually, on or before February 1 of each year,the Police Commissioner must report to the Mayor and City Council:

On a regular basis, the Mayor and City Council shall receive informal reports of all exceptional cases hereunder and advisory opinions for consideration in further updating and continuing evaluation of this subtitle.