In this subtitle the following words have the meanings indicated. “Curfew hours” means the hours between midnight and 5:00 a.m. “Establishment” means a privately owned place of business operated for profit to which the public is invited. “Guardian” means a person who is appointed by a court as a guardian. “Public place” means a place to which the general public has access for a lawful purpose. “Public place” includes: a public street, a sidewalk, an alley, a highway, and a right–of–way of a public street or highway; and the common areas of a transport facility, a school, a hospital, an apartment building, an office building, a shopping center, a park, a playground, a parking lot, a theater, a restaurant, a bowling alley, a tavern, a cafe, an arcade, and a shop. “Remain” means to: linger unnecessarily in a public place; or fail to leave the premises of an establishment or a public place when asked by a law enforcement officer or an employee of the establishment or public place.

This subtitle applies in code counties in the Eastern Shore class as established under § 9–302 of this article.

After making independent factual findings demonstrating a local need for a curfew, the county commissioners may adopt a juvenile curfew ordinance.

Subject to § 11–305 of this subtitle, a juvenile curfew ordinance shall state that: a minor may not remain in a public place or on the premises of an establishment during curfew hours; a parent or guardian of a minor may not knowingly allow the minor to remain in a public place or on the premises of an establishment during curfew hours; and the owner, operator, or employee of an establishment may not knowingly allow a minor to remain on the premises of the establishment during curfew hours.

A juvenile curfew ordinance adopted under this subtitle does not apply to a minor who is: accompanied by the minor’s parent or guardian; performing an errand at the direction of the minor’s parent or guardian, without a detour or stop, until 12:30 a.m.; accompanied by an adult authorized by the minor’s parent or guardian to have temporary care or custody of the minor for a designated period of time within a specified area; with consent of the minor’s parent or guardian, involved in interstate travel; engaged in legal employment activity or is going to or returning home from a legal employment activity; involved in a sudden or unexpected happening or an unforeseen combination of circumstances that calls for immediate action to protect health, safety, welfare, or property from actual or threatened harm or an unlawful act; on the property where the minor resides or on the sidewalk abutting the minor’s residence or abutting the residence of a next–door neighbor if an adult resident of that property has given permission for the minor’s presence; attending or returning directly home from: a school, religious, or recreational activity supervised by adults and sponsored by the local jurisdiction, a civic organization, or a volunteer association that takes responsibility for the minor; or a place of public entertainment, including a movie, play, or sporting event; exercising First Amendment rights under the United States Constitution if the minor has first submitted to the chief of the local law enforcement agency a written communication that: is signed by the minor and countersigned, if practicable, by the parent or guardian of the minor; includes the parent’s or guardian’s home address and telephone number; and specifies when, where, and in what manner the minor will be in a public place during curfew hours; or remaining in a public place in a case of reasonable necessity if the minor’s parent or guardian has communicated to the chief of the local law enforcement agency facts: establishing the reasonable necessity; and designating: the specific public place and the points of origin and destination for the minor’s travel; and the times the minor will be in the public place or traveling to or from the public place.

If a law enforcement officer reasonably believes that a minor is in a public place or on the premises of an establishment in violation of a juvenile curfew ordinance, the officer shall: notify the minor that the minor is in violation of the juvenile curfew ordinance; require the minor to tell the officer the minor’s name, address, telephone number, and where to contact the minor’s parent or guardian; issue the minor a written warning that the minor is in violation of the juvenile curfew ordinance; and order the minor to promptly go home. The law enforcement officer may take the minor: to the minor’s home, if appropriate; or into custody and transport the minor to a local law enforcement station or designated curfew center when: the minor has received one previous written warning for a violation of a juvenile curfew ordinance; the law enforcement officer has reasonable grounds to believe that the minor has committed a delinquent act, as defined in § 3–8A–01 of the Courts Article; or taking the minor into custody is authorized under § 3–8A–14 of the Courts Article. A law enforcement officer may issue a civil citation for a violation of a juvenile curfew ordinance to: a minor; a parent or guardian of a minor; or an owner, operator, or employee of an establishment. The law enforcement agency shall send written notice of the violation of the juvenile curfew ordinance to the minor’s parent or guardian.

A civil citation for a violation of a juvenile curfew ordinance shall include a fine: for a first offense, not exceeding $500; or for a second or subsequent offense, not exceeding $1,000.

When a minor is taken into custody for a violation of a juvenile curfew ordinance, the law enforcement officer shall: immediately notify the parent or guardian of the minor to come take custody of the minor; and determine whether, consistent with constitutional safeguards, the minor or the parent or guardian, or both, are in violation of the juvenile curfew ordinance. If the parent or guardian arrives to take custody of the minor and the appropriate information is recorded, the minor shall be released to the custody of the parent or guardian. If the parent or guardian cannot be located or fails to take custody of the minor, the minor shall be released to: the local department of social services; the Department of Juvenile Services; or another adult who will, on behalf of the parent or guardian, assume the responsibility of caring for the minor pending the availability or arrival of the parent or guardian.