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The Youth Protection Ordinance promotes the health, safety and welfare of both juveniles and adults by creating an environment providing better protection and security for all concerned. The curfew contained within the Youth Protection Ordinance provides law enforcement a valuable tool to remove youth from potentially dangerous and volatile situations.
The curfew allows the police department and community to form the necessary partnerships to assist parents and guardians of minors in the increasingly difficult task of child rearing. It is only through this cooperation that we can successfully meet the challenge of gangs and youth violence being experienced by our community.
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In order for curfew laws to be effective, they must be enforced in a consistent, fair and uniform manner. In addition, to being properly evaluated, enforcement actions must be fully documented. To these and related ends, the Greenville Police Department will establish and follow procedures and guidelines when enforcing curfew violations.
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Juvenile Crime
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Arrests
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Juvenile arrest under the age of 16 increased 59% since 2004.
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2008
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59 (52 individuals)
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2009
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75 (66 individuals)
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2010
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147 (108 individuals)
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2011
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203 (138 individuals)
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Juvenile Complaints
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2008
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1003
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2009
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816
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2010
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750
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| 2011 |
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739 |
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Robberies Involving Juveniles
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Criminal data and analysis has indicated that the robberies involving juveniles consistently occur between midnight and 4 a.m.
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Serious Offenses
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2010 9 Burglaries, 1 Aggravated Assault
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| 2011 11 Burglaries, 2 Aggravated Assault, 2 Robberies |
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Juvenile Gang Activity
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The report entitled A Comprehensive Assessment of Gangs in North Carolina: A Report to the General Assembly was released in 2008. The report indicates that 80% of jurisdictions report an increase in gang activity. The report estimates that the entire State has 550 gangs, 30 of which are exclusively youth gangs, with 14,500 members. The SBI estimates that by 2012 the State could have as many as 41,000 gang members.
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The profile of gang members indicates that the members are between 15 to 27 years of age. However, the recruitment of members more often occurs when the member is much younger. The City of Greenville and the Greenville Police Department have recognized this growing trend in gang crimes and activities.
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Significance of Statistics
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While not all crime increases can be attributed to juveniles and not all juvenile arrests are during proposed hours of curfew, observations by our offices during routine patrols, criminal investigations, and special enforcement efforts report a dramatic increase in juveniles out during the curfew hours. Documented cases listing a juvenile in an arrest or as a victim are frequently occurring in areas with documented high crime or nuisance activity.
Prior to the Youth Protection Ordinance, officers had limited legal means of removing juveniles from potentially dangerous situations The curfew included in the Youth Protection Ordinance provides officers another tool to proactively address these concerns before the juvenile becomes a victim or is involved in a crime.
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Important Definitions and Details In Youth Protection Ordinance
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It is unlawful for a juvenile to be present in or remain in any public place within the city or on the premises of any establishment within the city during curfew hours.
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Juvenile or Minor
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Any unemancipated or unmarried person under the age of 16 years.
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Parent
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(a) a natural parent, adoptive parent, or step-parent of another person, or
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(b) a person 18 years of age or older who has written authorization by a parent, guardian or the courts to have the care and custody of a minor.
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Public Place
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Any place to which the public has access.
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Establishment
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Any privately-owned place of business operated for a profit to which the public is invited.
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Curfew hours
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11:00 PM- 6:00 AM - Sunday through Thursday
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12:01 AM- 6:00 AM - Friday and Saturday
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Exceptions
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When accompanied by a parent or guardian.
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When accompanied by an adult 18 years of age or older authorized by a parent or guardian.
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When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly.
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When on the sidewalk or property where the juvenile resides.
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When the juvenile is engaged in a lawful employment activity or using a direct route to and from a place of employment.
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When a juvenile is returning home by direct route (without any unnecessary detour or stop) from and within one (1) hour of the termination of an activity conducted or sponsored by a public or private school, such as a sporting event, play, concert, or dance.
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When authorized, by special permit from the Chief of Police.
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When an operator of an establishment, when the operator has notified the police that a juvenile was present on the premises of the establishment during curfew hours and refused to leave.
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Parental Responsibilities
It is unlawful for a parent or guardian having legal custody of a juvenile knowingly to permit or by inefficient control to allow the juvenile to remain in any public place within the city or on the premises of any establishment within the city under circumstances not constituting an exception list above.
Knowingly
Knowledge that a parent or guardian should reasonably be expected to have concerning the whereabouts of a juvenile in that parent or guardian’s legal custody.
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It is unlawful for any parent or guardian to refuse to take custody when requested by a police officer during the curfew hours of a juvenile for whom the parent or guardian is responsible.
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Penalties
A juvenile who violates any provision of this chapter is subject to being adjudicated delinquent.
Any person other than a juvenile who violates any provision of this chapter is guilty of a misdemeanor.
The parent or guardian is responsible for costs incurred for providing personnel to detain the violator where the parent or guardian does not pick up the juvenile within one hour of notification.
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Enforcement
Before taking any enforcement action for curfew violations under the provisions of this Ordinance, a police officer shall ask the apparent juvenile offender’s age and reason for being in the public place or establishment during curfew hours.
The officer shall notify the parent or guardian that there has been a curfew violation and request the parent or guardian to take custody of the juvenile. The officer shall document this accordingly.
If the parent or guardian is not available or refuses to take custody of the juvenile, then the officer, consistent with the provisions North Carolina laws pertaining to temporary custody, will take custody of the juvenile.
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North Carolina Cities With A Similar Ordinance
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Bethel
Carolina Beach
Chapel Hill
Charlotte
Havelock
Jacksonville
Kinston
Knightdale
Lumberton
New Bern
Rocky Mount (proposed)
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