§ 11-305. Applicability of curfew ordinance

   A juvenile curfew ordinance adopted under this subtitle does not apply to a minor who is:

   (1) accompanied by the minor's parent or guardian;

   (2) performing an errand at the direction of the minor's parent or guardian, without a detour or stop, until 12:30 a.m.;

   (3) 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;

   (4) with consent of the minor's parent or guardian, involved in interstate travel;

   (5) engaged in legal employment activity or is going to or returning home from a legal employment activity;

   (6) 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;

   (7) 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;

   (8) attending or returning directly home from:

      (i) 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

      (ii) a place of public entertainment, including a movie, play, or sporting event;

   (9) 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:

      (i) is signed by the minor and countersigned, if practicable, by the parent or guardian of the minor;

      (ii) includes the parent's or guardian's home address and telephone number; and

      (iii) specifies when, where, and in what manner the minor will be in a public place during curfew hours; or

   (10) 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:

      (i) establishing the reasonable necessity; and

      (ii) designating:

         1. the specific public place and the points of origin and destination for the minor's travel; and

         2. the times the minor will be in the public place or traveling to or from the public place.

HISTORY: An. Code 1957, art. 25B, § 13C-1(a)(3), (e); 2013, ch. 119, § 2.