GRANTSVILLE LOOKING AT YOUTH CURFEW

(10/03/2005)
Grantsville's town council is looking at implementing a curfew, following communities across the USA who have passed curfew laws to keep juveniles under the age of 18 off the street during late hours.

This will not be the first time the town has had such an ordinance.

The town is considering adopting a curfew ordinance used by Spencer, which was adopted because "Juveniles have been congregating in increasing numbers on the streets in the nighttime hours causing general disturbances to residents."

Spencer said the town had experienced an increase in incidence of vandalism and destruction of personal property, and the curfew protects the public from illegal acts and "nocturnal mischief" after-hours.

All juveniles under the age of 18 cannot be on the street from 11 p.m. until 6 a.m. - "hanging-out or loitering."

There are exceptions, such as juveniles accompanied by a parent or guardian, or going to and from work, among others.

There is language that appears to prevent "cruising" which would mean police have the right to stop and check juveniles in a car regarding possible violation of the curfew when traveling through the town.

Measured legal penalties are from a first offense requiring parents to be called or taking the offender to the police station to be picked-up.

After a second offense, the police officer could fine the parent $25 plus court costs and a "transport and handling fee" of another $30. Those costs increase with multiple offenses, with a maximum of $500.

The police officer, after several infractions, could petition the court to have the minor classified as a juvenile delinquent.

Last week, Huntington's City Council decided to put more meat in their curfew law and make parents or legal guardians face misdemeanor charges and fines if they allow their children to violate the city curfew.

Huntington is a town where four teens were recently shot to death in a dispute over illegal drugs.

West Virginia American Civil Liberties Union President Bill Denman says juveniles are going to commit crimes, no matter what the curfew penalty is. He says curfews are more of a public relations panacea than anything else.

Proponents of a curfew say it is a valuable tool for parents - one more way a parent can set boundaries for their kids. It doesn't take responsibility away from parents, but gives them more leverage.

Opponents say there are constitutional problems with curfew laws, besides there are lots of laws against drinking and driving, illegal drug use, stealing and even loitering. They question the need for youth curfews, a form of blanket discrimination punishing all, when the police have the power to remove a youth when an offense has been committed.

Curfew laws account for the most citations written for young people in the USA.