Chapter 9.16
CURFEW
Sections:
9.16.010 Curfew for minors.
9.16.020 Parental responsibility.
9.16.030 Violation—Penalty.
9.16.010 Curfew for minors.
A. It is unlawful for any person seventeen (17) years of age or less to loiter, idle, wander, stroll or play upon the streets and public places in the city during the period ending at five a.m. and beginning:
1. At twelve a.m. for all minors up to and including age seventeen (17) years of age;
2. Provided, however, that during the public school term such hours shall be eleven p.m. through five a.m. on nights preceding school days for all minors.
B. Exceptions. In the following cases a minor, otherwise covered by the curfew, shall not be considered in violation of the curfew:
1. When accompanied by a parent, guardian or legal custodian of the minor;
2. When accompanied by an adult authorized by a parent, guardian or custodian of such minor to take such parent’s, guardian’s or custodians place in accompanying said minor for a designated period of time and purpose within a specified area;
3. 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, and those similar rights protected by the Alaska Constitution;
4. In case of reasonable necessity, but only after such minor’s parent, guardian or custodian has communicated to the chief of police or officer on duty 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, with an appropriate notation of the time it was received and of the names and addresses of such parent and minor, shall be admissible evidence;
5. When the minor is on the property of the place where such minor resides;
6. When in the process of returning home by a direct route from (and within thirty (30) minutes of the termination of) employment, school activity, or an activity of a religious or other voluntary association, or other organized meetings;
7. When the minor is, with the consent of parent, guardian or custodian, in a motor vehicle and in compliance with the other sections of this chapter; or
8. In case of an emergency involving the health or safety of the minor or another person.
C. Definitions.
1. “Street and public place” means public streets, sidewalks, alleys, highways, roads, playgrounds, parks and other publicly owned property.
2. “Time” shall be prevailing time.
3. “Loiter” means remaining idle in essentially one location or to be dilatory, to tarry, to dawdle, and shall include, but not be limited to, standing around, sitting and sauntering.
4. “Knowingly allow,” as used in this chapter, means to permit with actual knowledge or neglect to restrain or prevent and requires actual or constructive knowledge on the part of the parent, guardian or other person. (Prior code § 13.50.020)
9.16.020 Parental responsibility.
No parent, guardian or other person having the custody or control of any child under the age of seventeen (17) years shall knowingly allow such child to act contrary to the provisions of Section 9.16.010. The presence of such child unattended in places and during the hours prohibited in Section 9.16.010 shall be prima facie evidence of a violation of this chapter by any parent, guardian or other person having custody or control. (Prior code § 13.50.030)
9.16.030 Violation—Penalty.
First time offenders will be released to the control and custody of their parent or guardian with written notice that any subsequent violation(s) will result in an infraction violation being issued to the responsible parent with a civil fine in the amount of one hundred dollars ($100.00). The provisions set forth hereafter in this section are made pursuant to the authority granted by AS 29.25.070, providing that a municipality may allow disposition of a violation without court appearance and may establish a schedule of fine amounts for such offenses in the instance of violations that cannot result in incarceration or the loss of a valuable license. A person charged with an offense pursuant to this curfew ordinance may dispose of the charge by paying the fine in the amount of one hundred dollars ($100.00) and checking the “no contest” box on the citation form charging the curfew ordinance violation. Such disposition may be by mail or in person. The person may, alternatively, choose to appear in court and contest the citation. In such an event, there shall be no monetary bail amount required of a person so charged who responds to the summons provided for in the citation. Trial, if any, shall be held without jury. A person contesting a curfew violation citation shall not be entitled to a court-appointed lawyer. If the court, conducting trial without jury, finds the person so charged guilty, no incarceration may be ordered and the maximum fine is to be one hundred dollars ($100.00). (Prior code § 13.50.040)