HomeMy Public PortalAbout205-09 CURFEW (WARD 1)
CURFEW BY-LAW
BY-LAW # 205-09
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The Council of the Town Of Sussex, under authority vested in it under section 95
The Municipalities Act R.S.N.B. 1973, c. M-22, hereby enacts as follows:
1. TITLE
(i) This by-law may be cited as “Curfew By-Law”.
(ii) The provisions of this by-law apply to the entire area within the Town
limits of the Town of Sussex.
2. DEFINITIONS
In this by-law:
(i) “Adult” means a person who has attained the age of nineteen
years;
(ii) “Child” means a boy or girl who is or, in the absence of evidence to
the contrary, appears to be under the age of sixteen years;
(iii) “Children’s Shelter” means any location designated as such and
includes a police station;
(iv) “Municipality” means Town of Sussex;
(v) “Peace Officer” or “Police Constable” means
(a) a member of the Royal Canadian Mounted Police,
(b) any member of the Royal Canadian Mounted Police auxiliary
while on duty; and
CURFEW BY-LAW
BY-LAW # 205-09
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2. DEFINITIONS (cont’d)
(vi) “Public Place” includes a street, highway or lane whether a
thoroughfare or not, a place of public resort, parks and
playgrounds, or a place to which the public has access
within this municipality.
3. No child under the age of sixteen years shall be in a public place at night in
this Municipality between 2300 hours and 0500 hours unless he or she is
accompanied by a parent or legal guardian or has the consent of a parent or
legal guardian.
4. (i) Where a peace officer or police constable finds a child in a public
place contrary to Section 3, the peace officer or police constable may
demand that child to provide proof of age.
(ii) Where a child within the meaning of this by-law is found to be in a
public place between 2300 hours and 0500 hours, not accompanied
by a parent or legal guardian, who without reasonable excuse, fails
or refuses to comply with the demand made to the child by the peace
officer or police constable, under subsection (i), the peace officer or
police constable may:
(a) order the child home; or
(b) take the child to the child’s home; or
(c) if unable to determine the child’s home, take the child into
custody and place the child in a Children’s Shelter until such
time as the home of the child can be determined; or
(d) deal with the child as a child whose security or development
may be in danger under the Family Services Act ch. F-2.2,
R.S.N.B. 1973 with amendments thereto until such time the
peace officer or the police constable is able to determine the
place of residence for the child.
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BY-LAW # 205-09
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5. PLURAL OR FEMININE TERMS
In this by-law plural or feminine terms may apply whenever the singular,
masculine or feminine is used. It shall be considered as if the plural,
feminine or masculine has been used where the context of the party or
parties hereto so requires.
6. VALIDITY
The invalidity of any section, clause, sentence or provision of the by-law
shall not affect the validity of any other part of this by-law which cannot be
given effect without such invalid part or parts.
7. PENALTIES
A child who violates any provision of this By-Law commits an offence
which offence shall be punishable under Part II of the Provincial Offences
Procedure Act as a category B offence.
8. REPEAL
(i) The repeal of a By-Law “The Town Of Sussex Curfew By-Law, By-
Law #205-03” enacted on December 15, 2003, shall not affect any
penalty, forfeiture or liability incurred before such repeal or any
proceeding for enforcing the same completed or pending at the time of
repeal or shall it repeal, defeat, disturb, invalidate or prejudicially
affect any manner or thing whatsoever completed, existing or
pending at the time of repeal; nor shall it repeal, defeat, disturb,
invalidate or prejudicially affect any manner or thing whatsoever
completed, existing or pending at the time of repeal.
(ii) A By-Law entitled “The Town Of Sussex Curfew By-Law, By-Law
#205-03”, enacted on the 15th day of December, 2003, and
amendments thereto is hereby repealed.
CURFEW BY-LAW
BY-LAW # 205-09
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READ FIRST TIME BY TITLE APRIL 27, 2009
READ SECOND TIME BY TITLE APRIL 27, 2009
READ IN ENTIRETY APRIL 29, 2009
THIRD READING BY TITLE
AND ENACTED APRIL 29, 2009
PAUL I. MAGUIRE RALPH A. CARR
TOWN CLERK MAYOR