In this subtitle the following terms have the meanings indicated. “Establishment” means:any privately-owned place of business carried on for a profit; or any place of amusement or entertainment to which the public is invited. “Operator” means any person operating, managing, or conducting any establishment. When used in any clause imposing a penalty, the term “operator”:as applied to a partnership or association, includes the partners or members thereof; and as applied to a corporation, includes the officers thereof. “Parent” means:any natural parent of a minor; a guardian; or any person 18 years old or older who is legally responsible for the care and custody of a minor. “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. City Code, 1976/83, art. 19, §92 Ord. 75-1046 Ord. 80-207 Ord. 94-419 Ord. 95-614 Ord. 03-539 Ord. 06-183 Ord. 14-307 Ord.22-125

The Mayor and City Council find that: 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. City Code, 1976/83, art. 19, §91 Ord. 75-1046 Ord. 77-316 Ord. 80-207

This section does not apply to a minor:accompanied by the minor’s parent; exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, or the right of assembly; in a motor vehicle involved in interstate travel; engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop; involved in an emergency; on the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor’s presence; or attending or, without any detour or stop, going to or returning from an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Baltimore, a civic organization, or another similar entity that takes responsibility for the 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. From and including 12:01 a.m. on the Friday preceding Memorial Day each year through 12 midnight of the last Sunday of August each year, no minor at least 14, but less than 17, years of age may remain in or about any public place or any establishment between the hours of 11 p.m. on any day and 6 a.m. of the following day. For the remainder of the calendar year, no minor at least 14, but less than 17, years of age may remain in or about any public place or any establishment:between the hours of 11 p.m. on a Friday and 6:00 a.m. of the following Saturday; between the hours of 11 p.m. on a Saturday and 6:00 a.m. of the following Sunday; or between the hours of 10 p.m. and 6 a.m. of the following day, on any other day of the week. City Code, 1976/83, art. 19, §93(a) Ord. 75-1046 Ord. 77-316 Ord. 80-207 Ord. 85-523 Ord. 94-419 Ord 95-614 Ord. 06-183 Ord. 14-231

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:the minor has written proof from school authorities excusing his or her attendance at that particular time; or the minor is accompanied by the minor’s parent or by a person 21 years old or older; or the minor is traveling to or from school. City Code, 1976/83, art. 19, §93(b) Ord. 75-1046 Ord. 77-316 Ord. 80-207 Ord. 85-523 Ord. 94-419 Ord 95-614 Ord. 03-539 Ord. 06-183 Ord. 14-231

It is unlawful for the parent of any minor to knowingly permit or, by insufficient control, to allow that minor to be in or about any public place or any establishment if that minor’s presence would violate § 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>. City Code, 1976/83, art. 19, §94 Ord. 75-1046 Ord. 77-316 Ord. 80-207 Ord. 94-419 Ord. 95-614 Ord. 06-183 Ord. 14-231

No operator of an establishment or his agents or employees may knowingly permit any minor to remain on the premises of that establishment if that minor’s presence would violate § 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>. City Code, 1976/83, art. 19, §95 Ord. 75-1046 Ord. 77-316 Ord. 80-207 Ord. 94-419 Ord. 95-614 Ord. 06-183 Ord. 14-231

Detention of a minor under this subtitle is not considered an arrest and does not create a criminal record for the minor under State law. City Code, 1976/83, art. 19, §96(f) Ord. 95-614 Ord. 06-183

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:the minor’s name, address, school or other valid identification, and age; and the name of the minor’s parent or parents. For a minor believed to be in violation of § 34-4 {“Prohibited conduct of minors – Daytime curfew”}, the minor shall be taken, as appropriate, to:the minor’s school; a Youth Connection Center; or the minor’s home. If the minor is taken to school or to a Youth Connection Center, the school or center, as the case may be, shall:notify a parent about the violation of this subtitle; and take appropriate measures to reduce the probability that the minor will commit a subsequent violation of this subtitle. For a minor believed to be in violation of § 34-3 {“Prohibited conduct of minors – Nighttime curfew”}, the minor shall be taken, as appropriate, to:the minor’s home; or a Youth Connection Center. If the minor is taken to a Youth Connection Center, the facility shall:notify a parent or an adult brother, sister, aunt, uncle, or grandparent to come and take charge of the minor; notify a parent about the violation of this subtitle; and take appropriate measures to reduce the probability that the minor will commit a subsequent violation of this subtitle. If the minor is taken to a Youth Connection Center and, by 6 a.m. of the following morning, no parent or adult brother, sister, aunt, uncle, or grandparent can be located or none come and take charge of the minor, the minor shall be, as appropriate:taken to the minor’s home; referred to or placed in the custody of the Baltimore City Department of Social Services; or released from the Youth Connection Center. 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. City Code, 1976/83, art. 19, §96(a)(intro), (a)(1)(i), (a)(2), (b) Ord. 75-1046 Ord. 77-316 Ord. 80-207 Ord. 94-418 Ord. 94-419 Ord. 95-614 Ord. 03-539 Ord. 06-183 Ord. 14-231

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. Ord. 06-183

A parent who violates <cite data-path="|19|§34-5">§ 34-5 {“Prohibited conduct of parents, guardians, etc.”} of this subtitle</cite> for the 1^st time may be issued:a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}; or if the parent agrees to attend family counseling sessions with the minor at an agency approved by the City of Baltimore, a notice that a civil citation will be issued if the counseling sessions are not completed. A parent who violates <cite data-path="|19|§34-5">§ 34-5 {“Prohibited conduct of parents, guardians, etc.”} of this subtitle</cite> after having received notice under § 34-8 {“Enforcement”} of a prior violation or after having been issued a civil citation or a notice under paragraph (1) of this subsection for a prior violation is guilty of a misdemeanor and, on conviction, is subject to 1 or more of the following, in the discretion of the court:a fine not to exceed $500 and costs; and community service. 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. City Code, 1976/83, art. 19, §96(a)(1)(ii), (c) - (e) Ord. 75-1046 Ord. 77-316 Ord. 80-207 Ord. 94-418 Ord. 94-419 Ord. 95-614 Ord. 99-492 Ord. 06-183 Ord. 14-231

The Mayor and City Council shall continue evaluating and updating this subtitle through methods including but not limited to: Annually, on or before February 1 of each year,the Police Commissioner must report to the Mayor and City Council:on the effect of this subtitle on crimes committed by and against minors; the number of warnings issued and arrests of minors, parents, and operators hereunder; and such other information as the Mayor and City Council may request. 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. City Code, 1976/83, art. 19, §96A Ord. 95-614 Ord. 14-231