 National Association of Counties * Washington, DC / Vol. 30, No. 8 * April 27, 1998
Since the weather is getting warmer and days are getting longer, it is the annual season for looking at curfews. More and more county governments are considering the adoption of a local ordinance establishing curfews for juveniles through the use of their statutory powers. Usually applicable to those under age 18, curfews, generally from dusk until dawn, have been viewed by many as a major deterrent to juvenile crime. Although many experts disagree on how effective curfews actually are as a crime deterrent, curfew ordinances are becoming an everyday fact of life for many young people. Years ago, when the baby boomers were young, driving around at night was a national pasttime. Many areas became famous as places for young people "to hang out." The Strand in Myrtle Beach, S.C. and many drive-in restaurants achieved their popularity from the roving bands of teenagers at night. As times have changed, this nighttime activity has become less desirable in most communities. Many governments have long had curfew laws on the books, some as far back as the 1950s and 1960s. Most of these laws were not well written and were poorly enforced. With the increase in juvenile crime that has occurred in recent years, many governments are taking another look at the use of curfews. Local ordinances have been adopted in more than 1,000 jurisdictions since 1990. Many government officials believe that getting juveniles off the streets at night will decrease crime by removing both the victims and the offenders from the streets. The primary problem with curfews, however, is enforcement. Most jurisdictions that implement a curfew ordinance will vigorously enforce it for the first few months and then the emphasis on enforcement usually dies down. The most difficult part of implementing a curfew ordinance is drafting one that can withstand constitutional challenges. The two pronged test, "strict scrutiny" usually used by courts to review curfew legislation, requires the jurisdiction to demonstrate that there is a compelling state interest and that the law be tailored narrowly so that it achieves the desired objective. The most common shortcomings with locally adopted ordinances are that they are overboard and vague. The U.S. Court of Appeals for the 9th Circuit recently overturned a City of San Diego ordinance that prohibited young people under age 18 from loitering in public after 10 p.m. The court ruled that the ordinance was too vague and invited arbitrary enforcement by local law enforcement officials. San Diego County recently redrafted its curfew law to adopt a new law that is more responsive to the court decision. Some of the exempted activities often cited in the laws are,
Many states and county governments are establishing curfews for teenagers under 18 years old by restricting their driving privilege. In many counties nationwide, minors are not permitted to operate motor vehicles during certain nighttime hours. Marin County, Calif., restricts driving between midnight and sunrise and most counties in Maryland restrict teen driving after 11 p.m. Several county governments had recently adopted curfew ordinances. Athens-Clarke County, Ga., a university town and the home of the University of Georgia, recently adopted a curfew for all young people under the age of 18. This new ordinance requires that they be off the streets and away from public places by 11 p.m. weekdays and midnight on the weekend. If your county has a recently adopted ordinance that you would like to share with other counties, please send a copy to the Research Division or e-mail it to jbyers@naco.org. (Research News was written by Jacqueline
Byers, director of research.) |
