§ 173-5. Exceptions., Chapter 173. Curfew, Part II. Regulatory Ordinances, Code of Ordinances, Madison

Parent. When accompanied by a parent of such minor.

Authorized adult. When accompanied by an adult authorized by a parent of such minor to take the parent's place in accompanying the minor for a designated period of time and purpose within a specified area.

First Amendment rights. 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. Such minor shall evidence the bona fides of such exercise by first delivering to communications center personnel at the Police Station, where and by whom high priority messages to the Police Chief are regularly received, a written communication, signed by such minor and countersigned if practicable by a parent of such minor with their home address and telephone number, addressed to the Police Chief, specifying when, where and in what manner the minor will be on the streets at night (during hours when this chapter is otherwise applicable to the minor) in the exercise of a First Amendment right specified in such communication.

Reasonable necessity. In case of reasonable necessity but only after such minor's parent has communicated to the Town Police Station personnel the facts establishing such reasonable necessity relating to specified streets at a designated time for a described purpose, including points of origin and destination. A copy of such communication, or of the police record thereof, duly certified by the Chief of Police to be correct, with an appropriate notation of the time it was received and of the names and address of such parent and minor, shall be admissible evidence.

Sidewalk near residence. When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next-door neighbor not communicating an objection to the Police Officer.

Returning home. When returning home, by a direct route from (and within 30 minutes of the termination of) a school activity, or an activity of a religious or other voluntary association, of which prior notice, indicating the place and probable time of termination, has been given in writing to, and duly filed for immediate reference by, the Chief of Police or the officer assigned by him on duty at the Police Station, thus encouraging (here as in other exceptional situations) conduct on the part of minors involved in such activities and striking a fair balance for any somewhat conflicting interests.

Special permit: Police Chief. When authorized by special permit from the Police Chief, carried on the person of the minor thus authorized, as follows: When necessary nighttime activities of a minor may be inadequately provided for by other provisions of this chapter, the recourse may be had to the Police Chief, either for a regulation as provided in Subsection H or for a special permit as the circumstances warrant. Upon the Police Chief's finding of necessity for the use of the streets to the extent warranted by a written application signed by a minor and by a parent of such minor if feasible, stating a) the name, age and address of such minor, b) the name, address and telephone number of a parent thereof, c) the height, weight, sex, color of eyes and hair and other physical characteristics of such minor, d) the necessity which requires such minor to remain upon the streets during the curfew hours otherwise applicable, and e) the street or route and the beginning and ending of the period of time involved by date and hour, the Police Chief may grant a permit in writing for the use by such minor of such streets at such hours as may be necessary. In an emergency this may be handled by telephone, or other effective communication, with a corresponding record being made contemporaneously, either to the Police Chief, or if unavailable, to the police officer authorized by the Chief to act on his behalf in an emergency, at the Police Station.

By regulation. When authorized, by regulation issued by the Police Chief, in other similar cases of reasonable necessity, similarly handled but adapted to normal or necessary nighttime activities of more minors that can readily be dealt with on an individual special permit basis. Normally such regulation by the Police Chief or permitting use of the streets should be issued sufficiently in advance to permit appropriate publicity through news media and through other agencies such as the schools, and shall define the activity, the scope of the use of the streets permitted, the period of time involved, not to extend more than 30 minutes beyond the time for termination of such activity, and the reason for finding that such regulation is reasonably necessary and is consistent with the public interest and the purposes of this chapter.

Employment. When the minor carries a certified card of employment, renewable each calendar year, signed by the Chief of Police and briefly identifying the minor, the address of his home and of his place of employment, and his hours of employment.

In motor vehicle. When the minor is, with parental consent, in a motor vehicle, this contemplates normal travel. From excess of caution, this clearly exempts bona fide interstate movement through Madison, particularly on normal routes. This also exempts interstate travel beginning or ending in Madison.

Additional exceptions. Each of the foregoing exceptions, and their several limitations such as provisions for notification, are severable, as hereinafter provided, but here reemphasized; and additional, also severable, exceptions, broadening with the progress toward maturity of minors enrolled respectively in elementary, junior high and high schools, will be considered by the Selectmen as warranted by future experience illuminated by the views of student government associations, school personnel, citizens, associations and neighborhood spokesmen, parents, officers and persons in authority concerned positively with minors as well as with juvenile delinquency.