Attachment

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE AGENDA FEBRUARY 29, 2012 - 5:00 P.M. CITY HALL CONFERENCE ROOM 15 LOOCKERMAN PLAZA DOVER, DELAWARE Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk (736-7008 or e-mail at CityClerk@dover.de.us) should you wish to be recognized. AGENDA ADDITIONS/DELETIONS 1. Presentation - Silver Lake to Isaacs Branch Trail Concept 2. Announcement of Road Closures (Gary Laing) 3. Discussion - Establishing City Emergency Operations Center (January 23, 2012 - Committee Recommended Referral Back to Staff for a Report to the Committee at the Next Committee Meeting) 4. Proposed Ordinances A. #2012-06 Creating a New Chapter 59 - Juvenile Curfew B. #2012-08 Amending Chapter 70 - Offenses and Miscellaneous Provisions 5. Update - Dover High School Construction /tm S:\AGENDAS & MINUTES\Committee-Agendas\2012\02-29-2012 SA&T.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

Memorandum Office of the City Manager PO Box 475 Dover, DE 19903 Phone: (302) 736-7005 FAX: (302) 736-7002 E-mail: skoenig@dover.de.us To: Safety, Advisory and Transportation Committee From: Scott D. Koenig, P.E. City Manager Date: February 22, 2012 Subject: Establishing City Emergency Operations Center Staff is still reviewing and compiling the documentation for establishing the city emergency operations center. Revisions and recommendations will be handed out during the next Safety Advisory and Transportation Committee meeting scheduled for February 29, 2012.

ACTION FORM PROCEEDING: Safety Advisory and Transportation Committee MEETING DATE: 02/29/2012 DEPARTMENT OF ORIGIN: City Council PREPARED BY: Traci A. McDowell, City Clerk, on behalf of Councilman William F. Hare DATE SUBMITTED: February 20, 2012 SUBJECT: Request for Amendment to City of Dover Code of Ordinances - New Chapter 59 - Juvenile Curfew RELATED PROJECT: None APPROVALS: SA&T Committee and City Council EXHIBITS: Proposed Ordinance #2012-06 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget) N/A TIMETABLE: Committee recommendation to City Council on March 12, 2012 for review and First Reading, Final Reading and Adoption on March 26, 2012. RECOMMENDED ACTION: Adoption of Ordinance #2012-06 Amending the City of Dover Code of Ordinance by Inserting a New Chapter 59 - Juvenile Curfew. BACKGROUND AND ANALYSIS At the request of Councilman Hare, a draft proposed ordinance which mimics the City of Milford, Delaware’s juvenile curfew ordinance, was drafted for the Committee’s consideration. S:\CAFS\02-29-2012-SA&T - Ordinance #2012-06 - New Chpt 31-Juvenile Curfew.wpd

CITY OF DOVER PROPOSED ORDINANCE #2012-06 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That the Dover Code of Ordinances be amended by inserting a new Chapter 59 - Juvenile Curfew, to read 4 as follows: 5 Chapter 59 - JUVENILE CURFEW 6 Sec. 59-1. - Definitions. 7 When not inconsistent with the context, words used in the present tense include the future, words 8 in the plural number include the singular, and words in the singular number include the plural. The word 9 "shall" is always mandatory and not merely directory. The following words, terms and phrases, when used 10 in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly 11 indicates a different meaning: 12 City means the City of Dover, Delaware, with administrative offices at 15 Loockerman Plaza, Dover, 13 Delaware. 14 Emergency means an unforeseen combination of circumstances or the resulting state that calls for 15 immediate action. The term includes, but is not limited to, a fire, natural disaster, automobile accident, or 16 any situation requiring immediate action to prevent serious bodily injury or loss of life. 17 Establishment means any privately owned place of business operated for a profit to which the public 18 is invited, including, but not limited to, any place of amusement or entertainment. 19 Juvenile or Minor means any unemancipated person under the age of 17 or, in equivalent phrasing 20 often herein employed, any person 16 or fewer years of age. 21 Operator means any individual, firm, association, partnership, or corporation operating, managing, 22 or conducting any establishment. The term includes the members or partners of an association or partnership 23 and the officers of a corporation. 24 Parent means any person having legal custody of a juvenile: 25 (1) As a natural or adoptive parent. 26 (2) As a legal guardian. 27 (3) As a person who stands in loco parentis. 28 (4) As a person to whom legal custody has been given by court order. 29 Public Place means any place to which the public or a substantial group of the public has access and 30 includes, but is not limited to, streets, common areas of schools, shopping centers, parking lots, parks, 31 playgrounds, transportation facilities, theaters, restaurants, shops, bowling alleys, taverns, cafes, arcades,

Proposed Ordinance #2012-06 - Chapter 59 - Juvenile Curfew Page 2 32 and similar areas that are open to the use of the public. As a type of public place, a street is a way or place, 33 of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or, in 34 the case of a sidewalk thereof, for pedestrian travel. "Street" includes that legal right-of-way, including, but 35 not limited to, the cartway of traffic lanes, the curb, the sidewalks, whether paved or unpaved, and any grass 36 plots or other grounds found within the legal right-of-way of a street. 37 Remain means to stay behind, to tarry, and to stay unnecessarily in a public place, including the 38 congregating of groups (or of interacting minors) totaling four or more persons in which any juvenile 39 involved would not be using the streets for ordinary or serious purposes such as mere passage or going 40 home, or to fail to leave the premises of an establishment when requested to do so by a police officer or the 41 operator of an establishment. To implement this provision with additional precision and precaution, 42 numerous exceptions are expressly defined in this chapter. More exceptions become available with a 43 juvenile's increasing years and advancing maturity as appropriate in the interest of reasonable regulation. 44 Time of Night means based upon the prevailing standard of time, whether Eastern standard time or 45 Eastern daylight savings time, generally observed at that hour by the public in the city, prima facie the time 46 then observed in the city administrative offices and police station. 47 Years of Age means continues from one birthday, such as the 16th, to (but not including the day of) 48 the next, such as the 17th birthday, making it clear that 16 or fewer years of age is herein treated as 49 equivalent to the phrase "under 17 years of age." Similarly, for example, 11 or fewer years of age means 50 "under 12 years of age." 51 Sec. 59-2. - Curfew established. 52 (a) School year curfew. It shall be unlawful for any person 16 years or fewer of age (under 17) to be or 53 remain in or upon a public place within the City of Dover during the Caesar Rodney/Capital School 54 District designated school year for the period ending at 6:00 a.m. and beginning: 55 (1) At 12:00 midnight on Friday and Saturday nights; and 56 (2) At 11:00 p.m. on all other nights. 57 (b) Summer curfew. It shall be unlawful for any person 16 years or fewer of age (under 17) to be or remain 58 in or upon a public place within the City of Dover during the Caesar Rodney/Capital School District 59 designated summer break for the period ending at 6:00 a.m. and beginning: 60 (1) At 1:00 a.m. on Friday and Saturday nights; and 61 (2) At 12:00 midnight on all other nights. 62 Sec. 59-3. - Exceptions. 63 (a) The following shall constitute valid exceptions to the operation of this chapter: 64 (1) Accompanied by parent. When a juvenile is accompanied by a parent of such juvenile.

Proposed Ordinance #2012-06 - Chapter 59 - Juvenile Curfew Page 3 65 (2) Accompanied by authorized adult. When a juvenile is accompanied by an adult authorized by 66 a parent of such juvenile to take said parent's place in accompanying said juvenile for a 67 designated period of time and purpose within a specified area. 68 (3) Errand directed, in writing, by parent. When the juvenile is on an errand as directed by his/her 69 parent, provided that such juvenile shall have on his/her person a written note, signed by the 70 juvenile's parent, stating: 71 a. The date and time that the note was written (which shall not be more than 24 hours before 72 the time of the errand); 73 b. The name of the juvenile; 74 c. The name, address, and telephone number of the parent; and 75 d. The specific errand directed by the parent. 76 (4) Emergency. When a juvenile is assisting in an emergency, including, by way of example and not 77 in limitation, responding as a member of a volunteer fire company to a fire company or 78 paramedic call. 79 (5) First amendment rights. When a juvenile is exercising first amendment rights protected by the 80 United States Constitution, such as the free exercise of religion, freedom of speech, and the right 81 of assembly, by first delivering, to the person designated by the city's chief of police to receive 82 such information, a written communication, signed by the juvenile and countersigned, if 83 practicable, by a parent of the juvenile, with his/her home address and telephone number, 84 specifying when, where, and in what manner the juvenile will be in a public place during hours 85 when this chapter is applicable to said minor in the exercise of a first amendment right specified 86 in such communication. 87 (6) Reasonable necessity. In case of reasonable necessity for the juvenile remaining in a public place, 88 but only after the juvenile's parent has communicated to the chief of police or the person 89 designated by the chief of police to receive such notifications the facts establishing the 90 reasonable necessity relating to a specified public place at a designated time for a described 91 purpose, including points of origin and destination. A copy of the communication, or of the 92 police record thereof, duly certified by the chief of police to be correct, with an appropriate 93 notation of the time it was received and of the names and addresses of the parent and juvenile, 94 shall be admissible evidence. 95 (7) On own or neighbor's property. When a juvenile is on the sidewalk or property where the 96 juvenile resides, or on either side of or across the street from the place where the juvenile resides, 97 and the adult owner or resident of that property has given permission for the juvenile to be there. 98 (8) Returning home within one hour of official activity. When a juvenile is returning home from, and 99 within one hour of, the termination or closing of an official school, religious, or other 100 recreational activity supervised by adults, sponsored by the City of Dover, a recognized 101 charitable, benevolent, or civic association, or a similar entity that takes responsibility for the 102 minor.

Proposed Ordinance #2012-06 - Chapter 59 - Juvenile Curfew Page 4 103 (9) Special permit (individual). When authorized by special permit from the chief of police carried 104 on the person of the juvenile thus authorized, as follows: 105 a. When necessary nighttime activities of a juvenile may be inadequately provided for by other 106 provisions of this chapter, then recourse may be had to the chief of police, either for a 107 regulation as provided in subsection (a)(10) or for a special permit as the circumstances 108 warrant. 109 b. Upon a finding of undue hardship and reasonable necessity for the use of a public place to 110 the extent warranted by a written application signed by a juvenile and by a parent of the 111 juvenile, if feasible, stating: the name, age, and address of the juvenile; the name, address, 112 and telephone number of a parent thereof; the height, weight, sex, color of eyes and hair, and 113 other physical characteristics of the juvenile; the necessity that requires the juvenile to remain 114 upon a public place during the curfew hours otherwise applicable and the undue hardship that 115 will result if such permit is not granted; the public place; and the beginning and ending of 116 the period of time involved, by date and hour, the chief of police may grant a permit, in 117 writing, for the juvenile's use of a public place at such hours as in the opinion of the chief of 118 police may reasonably be necessary and consistent with the purposes of this chapter. In an 119 emergency, this may be handled by prior telephone or other effective communication, with 120 a corresponding record being made contemporaneously by the chief of police or by the 121 person designated by the chief of police to act on his/her behalf in an emergency at the police 122 station. 123 (10) Special regulation (group). When authorized by regulation issued by the chief of police in other 124 similar cases of reasonable necessity, similarly handled but adapted to reasonably necessary 125 nighttime activities of more juveniles than can readily be dealt with on an individual special 126 permit basis, but only where such juveniles will be under the active supervision of adults 127 responsible for such juveniles. Normally such regulation by the chief of police permitting use 128 of public places should be issued sufficiently in advance to permit appropriate publicity through 129 news media and through other agencies, such as the schools, and shall define the activity, the 130 scope of the use of the public places permitted, the period of time involved, not to extend more 131 than one hour beyond the time for termination of the activity, and the reason for finding that the 132 regulation is reasonably necessary and is consistent with the purposes of this chapter. 133 (11) Employment necessity. When the juvenile is legally employed, going to or returning home from 134 employment, and carries a certified card of employment, renewable each calendar month when 135 the current facts so warrant, dated or reissued not more than 45 days previously, signed by the 136 parent and employer and briefly identifying the juvenile, the addresses and telephone numbers 137 of the juvenile's home and place of employment, and the juvenile's hours of employment. The 138 city shall prepare a form to be used by employers for purposes of this subsection. 139 (12) Interstate or intrastate travel. When the juvenile is, with parental consent, engaged in normal 140 interstate or intrastate travel through the city or originating or terminating in the city. 141 (13) Married. When the juvenile is married or has been married pursuant to state law. 142 (14) Operator of establishment. In the case of an operator of an establishment, when the operator has

Proposed Ordinance #2012-06 - Chapter 59 - Juvenile Curfew Page 5 143 notified the police that a juvenile was present on the premises of the establishment during curfew 144 hours and refused to leave. 145 (b) Continuing consideration of exceptions. Each of the foregoing exceptions and their several limitations, 146 such as provisions for notification, are severable, as hereinafter provided but here reemphasized, and 147 will be considered by Council when warranted by future experience. 148 Sec. 59-4. - Parental responsibility. 149 (a) The foregoing exceptions to the operation of this chapter shall act only to create a waiver of 150 enforcement and affirmative defense(s) to such enforcement. By authorizing such exceptions, neither 151 the city nor any member of the police department shall assume any affirmative obligation or duty to 152 supervise the well-being of any juvenile acting pursuant to such authorized exception. 153 (b) It shall be unlawful for a parent having legal custody of a juvenile knowingly to permit or by inefficient 154 control to allow the juvenile to remain in any city public place under circumstances not constituting 155 an exception to, or otherwise beyond the scope of, this chapter. The term "knowingly" includes 156 knowledge that a parent should reasonably be expected to have concerning the whereabouts of a 157 juvenile in that parent's legal custody. This requirement is intended to hold a neglectful or careless 158 parent up to a reasonable community standard of parental responsibility through an objective test. It 159 shall, therefore, be no defense that a parent was completely indifferent to the activities or conduct or 160 whereabouts of such juvenile. 161 (c) It shall be unlawful for any parent to knowingly (as defined above) provide any false authorization, 162 information or certification, written or verbal, to the Dover police department in order to obtain an 163 exception to the operation of this chapter under Sec. 59-3 hereof. 164 Sec. 59-5. - Operator responsibility. 165 It shall be unlawful for any operator of an establishment to knowingly permit a juvenile to remain at the 166 establishment under circumstances not constituting an exception to, or otherwise beyond the scope of, this 167 chapter. The term "knowingly" includes knowledge that an operator should reasonably be expected to have 168 concerning the patrons of the establishment. The standard for "knowingly" shall be applied through an 169 objective test: whether a reasonable person in the operator's position should have known that the patron was 170 a juvenile in violation of this chapter. 171 Sec. 59-6. - Enforcement. 172 (a) If a police officer reasonably believes that a juvenile is in a public place in violation of this chapter, 173 the officer shall notify the juvenile that he/she is in violation of this chapter and shall require the 174 juvenile to provide his/her name, address, and telephone number and how to contact his/her parent or 175 guardian. In determining the age of the juvenile and in the absence of convincing evidence, such as 176 a birth certificate, a police officer shall, in the first instance of violation of the chapter, use his/her best 177 judgment in determining age. 178 (b) The police officer shall issue the juvenile a written warning that the juvenile is in violation of this 179 chapter and order the juvenile to go promptly home. The chief of police shall send the parent or 180 guardian of the juvenile written notice of the violation pursuant to subsection (f) hereof.

Proposed Ordinance #2012-06 - Chapter 59 - Juvenile Curfew Page 6 181 (c) Police procedures shall constantly be refined in the light of experience and may provide that the police 182 officer may deliver to a parent or guardian thereof a juvenile under appropriate circumstances; for 183 example, a juvenile of tender age, near home, whose identity and address may readily be ascertained 184 or are known. 185 (d) Notwithstanding subsection (b) of this section, when a juvenile has received one previous written 186 warning for violation of this chapter or a police officer has reasonable grounds to believe that the 187 juvenile has engaged in delinquent conduct, the procedure shall then be to take the juvenile to the 188 police station where a parent or guardian shall immediately be notified to come for the juvenile, 189 whereupon the parent or guardian and the juvenile shall be questioned. This is intended to permit 190 ascertainment, under constitutional safeguards, of relevant facts and to centralize responsibility in the 191 person designated there and then on duty for accurate, effective, fair, impartial, and uniform 192 enforcement and recording, thus making available experienced personnel and access to information 193 and records. 194 (e) When a parent or guardian, immediately called, has come to take charge of the juvenile and the 195 appropriate information has been recorded, the juvenile shall be released to the custody of such parent. 196 If the parent cannot be located or fails to take charge of the juvenile, then the juvenile shall be released 197 to the juvenile authorities, except to the extent that, in accordance with police regulations approved 198 in advance by juvenile authorities, the juvenile may temporarily be entrusted to an adult, neighbor, or 199 other person who will on behalf of a parent or guardian assume the responsibility of caring for the 200 juvenile pending the availability or arrival of a parent or guardian. 201 (f) In the case of a first violation of this chapter by a juvenile, the chief of police shall, by certified mail, 202 send to a parent or guardian written notice of the violation, with a warning that any subsequent 203 violation will result in full enforcement of this chapter, including enforcement of parental 204 responsibility and of applicable penalties. 205 (g) For the first violation of this chapter by an operator of an establishment who permits a juvenile to 206 remain on the premises, a police officer shall issue a written notice of the violation with a warning that 207 any subsequent violation will result in full enforcement of the chapter, including enforcement of 208 operator responsibility and of applicable penalties. 209 (h) In any event the police officer shall, within 24 hours, file a written report with the chief of police or 210 shall participate, to the extent of the information for which he/she is responsible, in the preparation of 211 a report on the curfew violation. It is not the intention of this section to require extensive reports that 212 will prevent police officers from performing their primary police duties. The reports shall be as simple 213 as is reasonably possible and may be completed by police department personnel other than sworn 214 police officers. 215 Sec. 59-7. - Violations and penalties. 216 (a) Parents. 217 (1) Offenses by the parent. If, after the warning notice pursuant to Sec. 59-6 of a first violation by 218 a juvenile, a parent violates Sec. 59-4 (in connection with a second violation by the juvenile), this 219 shall be treated as a first offense by the parent. For offenses by a parent, the fines shall be as 220 provided for in Appendix F - Fees and Fines. [First offense by a parent - $50, and for each

Proposed Ordinance #2012-06 - Chapter 59 - Juvenile Curfew Page 7 221 subsequent offense by a parent the fine shall be increased by an additional $20: e.g., $70 for the 222 second offense and $90 for the third offense.[Locate in Appendix F] Any court of competent 223 jurisdiction, upon finding a parent guilty, shall sentence the parent to pay this fine and the cost 224 of prosecution. 225 (2) Personnel costs. The parent or legal guardian having custody of a juvenile subject to this section 226 shall be liable for all costs incurred by the City of Dover for providing personnel to remain in the 227 company of a juvenile who has been detained as a curfew violator if the parent or guardian does 228 not pick up the juvenile within one hour after receiving notice from the city that the city is 229 detaining the juvenile for a curfew violation. The amount to be paid by the parent or guardian 230 shall be as provided for in Appendix F - Fees and Fines. [Locate in Appendix F] [based on the 231 hourly wage of the city employee who is assigned to remain with the juvenile plus the cost of 232 benefits for that employee.] 233 (3) The parent or legal guardian having custody of a juvenile subject to this section shall be liable 234 for any fine or condition of restitution or reparation imposed by a court upon a curfew violator, 235 provided that the curfew violator has not paid the fine or made restitution or reparation within 236 the time ordered by the court and further provided that the parent or legal guardian has been 237 made a party defendant in all enforcement proceedings against the curfew violator and shall be 238 served with all citations, summons, complaints, notices, and other documents required to be 239 served on the curfew violator defendant. 240 (b) Juveniles. Any juvenile who shall violate any of the provisions of this chapter more than three times 241 shall be reported by the chief of police to the juvenile authorities as a juvenile in need of supervision, 242 and the chief of police may proceed to file such charges with the courts as he/she may deem 243 appropriate. 244 (c) Operators. If, after the warning notice pursuant to Sec. 59-6 of a violation of this chapter, an operator 245 of an establishment violates Sec. 59-5 a second time, this shall be treated as a first offense by the 246 operator. For offenses by an operator, the fines shall be as provided for in Appendix F - Fees and 247 Fines. [Locate in Appendix F] [$50, and for each subsequent offense by an operator the fine shall be 248 increased by an additional $20: e.g., $70 for the second offense and $90 for the third offense.] 249 (d) False certification. Any parent convicted of knowingly providing any false authorization, information 250 or certification, written or verbal, to the Dover police department in violation of Sec. 59-4(c) shall pay 251 a fine as provided for in Appendix F - Fees and Fines. [Locate in Appendix F] [$50 for the first 252 offense, and for each subsequent offense the fine shall be increased by an additional $20, plus costs.] 253 Sec. 59-8. - Advisory opinions. 254 The city manager, after consultation with the city solicitor, is hereby authorized to give advisory opinions, 255 in writing, which shall be binding and shall be adhered to by the police until the chapter is amended in such 256 respect, interpreting terms, phrases, parts, or any provisions. Normally such advisory opinions shall be in 257 response to good faith, signed letters addressed to the city manager or to a member of the city council 258 questioning this chapter as ambiguous, having a potentially chilling effect on constitutional rights 259 specifically invoked or otherwise invalid, in all three categories with respect to proposed conduct definitely 260 described. This administrative remedy must be exhausted prior to presenting to any court a question in any 261 of the three categories. The city council does not intend a result through the enforcement of this chapter that

Proposed Ordinance #2012-06 - Chapter 59 - Juvenile Curfew Page 8 262 is absurd, impossible of execution, or unreasonable. Council intends that the chapter be held inapplicable 263 in such cases if anywhere its application would be unconstitutional under the Constitution of the State of 264 Delaware or the Constitution of the United States of America. 265 Sec. 59-9. - Continuing evaluation. 266 The city council shall continue its evaluation and updating of this chapter through methods including but 267 not limited to the following: 268 (a) Within six months after the implementation of this chapter, the chief of police shall provide the city 269 council with a report concerning the effect of this chapter on crimes committed by and against minors 270 and of the number of warnings issued and arrests of minors, parents, and operators hereunder and such 271 other information as council may request. 272 (b) On a regular basis, the city council shall receive informal reports of all exceptional cases hereunder 273 of reasonable necessity, the notices of school and other activities, the special permits and the 274 regulations authorized above, and the advisory opinions for consideration by the council in further 275 updating and continuing evaluation of this chapter. 276 Sec. 59-10. - Notice. 277 Notice of the existence of this chapter and of the curfew regulations established by it shall be posted in, on, 278 or about such public or quasi-public places as may be determined by the city manager or the police 279 department in order that the public may be constantly informed of the existence of this chapter and its 280 regulations. 281 City of Dover 282 Juvenile Curfew Ordinance 283 Employment Certificate 284 Pursuant to Sec. 59-3(a) - 11 of the City of Dover Juvenile Curfew Ordinance, this shall certify that: 285 286 Juvenile's name 287 288 Address 289 290 Address 291 is currently employed by: 292 293 Employer's name 294 295 Employer's address

Proposed Ordinance #2012-06 - Chapter 59 - Juvenile Curfew Page 9 296 297 Employer's address 298 299 Employer's telephone no. 300 and that he/she is scheduled to work during the following hours: 301 Sun. ________ Mon. ________ Tue. ________ Wed. ________ 302 Thur. ________ Fri. ________ Sat. ________ 303 304 Parent's name (print) 305 306 Parent's signature Employer's signature 307 BE IT FURTHER ORDAINED THAT Appendix F - Fees and Fines, be amended by inserting the text 308 indicated in bold, blue, italics, as follows: 309 Chapter 59 - Juvenile Curfew 310 Sec. 59-7 Violations and penalties. First offense by a parent - $50; each subsequent offense by a parent shall be Subsec. (a)(1) Offenses by the parent increased by an additional $20: e.g., $70 for the second offense and $90 for the third offense. Personnel costs incurred by the City of The hourly wage Dover for providing personnel to remain and cost of benefits in the company of a juvenile who has of the city employee been detained as a curfew violator if the assigned to remain Subsec. (a)(2) parent or guardian does not pick up the with the juvenile juvenile within one hour after receiving notice from the city that the city is detaining the juvenile for a curfew violation.

Proposed Ordinance #2012-06 - Chapter 59 - Juvenile Curfew Page 10 $50 for first offense by an operator; for each subsequent Operators - Any operator who knowingly offense the fine permits a juvenile to remain at the shall be increased Subsec. (c) establishment under circumstances not by an additional constituting an exception $20: e.g., $70 for the second offense and $90 for the third offense. $50 for the first False certification - Any parent convicted offense; for each of knowingly providing any false subsequent offense authorization, information or Subsec. (d) the fine shall be certification, written or verbal, to the increased by an Dover police department in violation of additional $20, plus Sec. 59-4(c) costs. 311 ADOPTED: * 312 S:\ORDINANCES\2012\Draft\2012-06 - New Chapter 59 - Juvenile Curfew.wpd 313 SYNOPSIS 314 The proposed ordinance would establish a juvenile curfew. 315 (SPONSORS: HARE, ANDERSON, AND BONAR) 316 Actions History 317 Feb. 29, 2012 - Scheduled for consideration by the Safety Advisory and Transportation Committee

CITY OF DOVER PROPOSED ORDINANCE #2012-08 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Dover Code, Chapter 70 - Offenses and Miscellaneous Provisions be amended to insert a new Section 70-7 - Registered Sexual Offenders: 70-7. - Registered Sexual Offenders (a) Registration Required. Sex offenders, as defined under the provisions of 11 Del. C., c. 41, §4120A, shall register their places of residence and employment as required under the provisions of 11 Del. C., c. 41, §4120. (b) Prohibition on Residency and Employments. (1) Sex offenders assigned as Risk Assessment Tier II or Tier III under the provisions of 11 Del. C., c. 41, §4120, shall be prohibited from residence or employment within 500 feet of a day care center as defined in Appendix B - Zoning, Article 12 - Definitions, of the Dover Code. (2) Any sex offender assigned as Risk Assessment Tier II or Tier III who maintains residence or employment within 500 feet of a day care center on the date of adoption of this ordinance shall comply with the provisions of the ordinance within 12 months. (3) Any sex offender who is under 18 years of age and resides with a parent or legal guardian shall be exempt from the provision of subsection (b)(2) of this section. (c) Prohibition on rentals and leaseholds. (1) It is unlawful for a property owner to knowingly and intentionally with actual knowledge and after being made aware the person is a sexual offender let or rent any place, structure, or part thereof, to a sexual offender, with the knowledge that it will be used as a permanent or temporary residence, if such place, structure or part thereof, is located within 500 feet of any day care center. In any prosecution for a violation of this section it must be shown: a. That the property owner knowingly and intentionally with actual knowledge and after being made aware the person is a sexual offender let or rented the premises to a person who was a registered sexual offender; and b. The property owner had actual knowledge that the place, structure, or part thereof would be used by the registered sexual offender as a permanent or temporary residence of property located within the residential zoning classification.

Nothing herein shall be deemed to require the property owner to make any independent determination whether the person is a sexual offender. (2) Exclusions. A sexual offender abiding, lodging, or residing in a permanent or temporary residence within 500 feet of any day care center does not commit a violation of this section provided the sexual offender is in full compliance with probation, parole, or conditional release, and does not commit another sexual offense, and is in compliance with the residency restrictions, if any of the following: a. The sexual offender was a minor when committing the offense causing the designation as a sexual offender and was not sentenced as an adult for that offense. b. The sexual offender is under the age of 18. c. The day care center was opened or established after the sexual offender established the permanent residence; and the residence was reported and registered. It is not the intent of this article to impair valid, existing and bona fide contract rights, provided however that the provisions of this article shall apply upon final termination. Extensions or renewals of any leasehold relationship is prohibited. When a person who is the subject of this article changes residences, this article shall fully apply to such persons. (d) Measurement of distance. For purposes of measuring separation of a residence from a day care center, all distances shall be measured from the entrances and exits of the residence or place of employment running in a direct line to the outermost entrances and exits of the day care center. (c) Prohibited Activities for Sexual Offenders. 1. It is unlawful for any Sexual Offender to participate in a holiday event or practice involving children under 18 years of age, such as distributing candy or other items to children on Valentine's Day, Halloween, Christmas, or any other holiday or event. Participation is to be defined as attendance at, or taking part of, or cooperation with an event. 2. It is unlawful for any Sexual Offender to wear costumes for the primary purpose of entertaining, attracting, or encouraging interaction with children. 3. Any person designated a sexual offender shall be required on October thirty-first of each year or any other day upon which Halloween is celebrated to:

(i) Avoid all Halloween related contact with children; (ii) Post a sign at his/her residence stating, "No candy or treats at this residence." Such signs shall be in letters at least two inches high and shall be legible from the street or road adjacent to the residence; (iii) Except for lighting provided on a year round basis by a sexual offender or the owner or manager of a multi-family residential unit for the purpose of security or walkway or hallway illumination, all outside residential lighting shall be off during the evening hours after 5:00 p.m., and no exterior holiday decorations shall be exhibited on the sexual offender's residence or on the property upon which the residence is located. 4. Holiday events or practices in which the sexual offender is the parent or guardian of the child or children involved, and where no non-familial children are present, are exempt from this section. (d) Penalties. Any person who violates this ordinance shall be fined in accordance with Appendix F - Fees and Fines, Section 70-7. Every day that a violation occurs shall constitute a separate offense. BE IT FURTHER ORDAINED That Appendix F- Fees and Fines be amended by adding a new Section 70-7 under Chapter 70 - Offences and Miscellaneous Provisions as follows: Sec. 70-7 Registered Sexual Offenders Subsec. (d) Penalties $500.00 for any offense; each day shall constitute a separate offense. ADOPTED: * SYNOPSIS The proposed ordinance would prohibit registered Tier II and Tier III sex offenders from living or working within 500 feet of a daycare center and from participating certain events involving children. (Sponsors: Lynn, *, *) Actions History: Feb. 29, 2012 - Scheduled for consideration by Safety Advisory and Transportation Committee