Chapter 9.20
OFFENSES BY OR AGAINST MINORS

Sections:

9.20.005 Curfew – Definitions.

9.20.010 Curfew – Hours designated.

9.20.015 Curfew – Exceptions.

9.20.020 Curfew – Parental responsibility.

9.20.025 Helmet required – Parental responsibility.

9.20.030 Motion picture admittance – Person defined.

9.20.040 Motion picture admittance – “X” rating.

9.20.050 Motion picture admittance – “R” rating.

9.20.005 Curfew – Definitions.

As used in this chapter:

A. “Guardian” means a person who is legally responsible for a youth.

B. “Emergency” means an unforeseen combination of circumstances that call for immediate action including, but not necessarily limited to, a fire, natural disaster, automobile accident, life-threatening illness or accident, or any other situation requiring immediate action to prevent physical injury or loss of life.

C. “Youth” means a person who is seventeen (17) years of age or younger and for whom the disabilities of minority have not been removed for general purposes under AS 09.55.590. [Ord. 02-28 § 2.]

9.20.010 Curfew – Hours designated.

No youth shall be upon the public streets, alleys, vacant lots, or in public buildings or places of amusement and entertainment or other unsupervised public places between the hours of 10:00 p.m. and 5:00 a.m., Sunday evening through Friday morning, and 12:00 midnight and 5:00 a.m., Friday evening through Sunday morning unless the youth’s presence is excepted from the curfew in accordance with BMC 9.20.015. [Ord. 02-28 § 3; Ord. 98-30 § 2; Amendment 1 to Ord. 9, 1986; prior code § 8.36.010.]

9.20.015 Curfew – Exceptions.

It is an exception to a violation of BMC 9.20.010 if, during curfew hours, a youth is:

A. Accompanied by his or her parent or guardian.

B. On an errand at the direction of his or her parent or guardian, without any detour or stop.

C. Involved in an emergency.

D. Engaged in an employment activity, or going to or returning from an employment activity, without detour or stop.

E. On the public right-of-way immediately abutting the youth’s residence or immediately abutting the residence of a next door neighbor, if the neighbor did not complain to the police department about the youth’s presence.

F. Attending, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the city of Bethel, the Lower Kuskokwim District, a civic organization or another similar entity that takes responsibility for the youth.

G. Exercising First Amendment rights protected by the United States Constitution, such as free exercise of religion, freedom of speech and the right of assembly. [Ord. 02-28 § 4; Ord. 93-08 § 5.]

9.20.020 Curfew – Parental responsibility.

A. No parent or guardian shall allow a youth to go at large or unaccompanied in the city upon any public street or other place mentioned in BMC 9.20.010 during the restricted hours set forth in BMC 9.20.010 unless the youth’s presence in public is excepted from the curfew under BMC 9.20.015.

B. A person who violates this section is punishable by a civil fine of not more than one hundred dollars ($100) nor less than twenty-five dollars ($25). Punishment under this subsection shall be instituted only by civil complaint or citation. An individual so cited does not have a right to trial by jury or counsel appointed by the court. [Ord. 02-28 § 5; Ord. 98-14 § 3; Amendment 1 to Ord. 9, 1986; Ord. 98, 1977; prior code § 8.36.020.]

9.20.025 Helmet required – Parental responsibility.

A. An unemancipated minor may not operate or be a passenger on an off-highway vehicle operated by a minor unless wearing protective head gear that complies with the standards of the United States Department of Transportation or other protective head gear standards adopted by the state.

B. A parent, guardian, or other person having the custody and control of a minor may not knowingly, negligently or recklessly authorize or permit the minor to operate or be a passenger on an off-highway vehicle in violation of subsection A of this section.

C. A parent, guardian, or other person having the custody and control of a minor may not, knowingly, negligently or recklessly fail to prevent the minor from operating or being a passenger on an off-highway vehicle in violation of subsection A of this section.

D. A person who owns, manages or controls an off-highway vehicle may not knowingly, negligently or recklessly authorize or permit a minor to operate or be a passenger on the off-highway vehicle in violation of subsection A of this section.

E. A person who owns, manages or controls an off-highway vehicle may not knowingly, negligently or recklessly permit another person, including a minor, to permit or authorize a minor to operate or be a passenger on the off-highway vehicle in violation of subsection A of this section.

F. For purposes of this section, a minor is an individual who is under eighteen (18) years of age and who has not been emancipated; off-highway vehicle includes snow machines, motorcycles, four-wheelers, all terrain vehicles and similar motorized vehicles, and a sled or other device towed by an off-highway vehicle.

G. A parent, guardian, or other person having the custody and control of a minor or a person who owns, manages or controls an off-highway vehicle who violates any provision of this section is punishable by a civil fine of not more than one hundred dollars ($100), but not less than twenty-five dollars ($25). Punishment for a violation of subsections B, C, D, or E of this section, may be imposed only in a civil action pursuant to a complaint or citation. A person accused of such a violation does not have a right to a trial by jury nor to a public defense. [Ord. 98-19 § 2.]

9.20.030 Motion picture admittance – Person defined.

“Person” is defined, for the purposes of BMC 9.20.040 and 9.20.050, as any individual, owner, employee, agent, corporate officer or manager who is working as or for an exhibitor of motion pictures in an area during and wherein “X”-rated or “R”-rated motion pictures are being exhibited. [Prior code § 8.40.030.]

9.20.040 Motion picture admittance – “X” rating.

No person shall knowingly permit anyone under the age of eighteen (18) years to enter into or remain in any enclosed or open area where motion pictures are being exhibited which have been given an “X” rating according to the rating standards established by the Motion Picture Association of America. [Prior code § 8.40.010.]

9.20.050 Motion picture admittance – “R” rating.

No person shall knowingly permit anyone under the age of seventeen (17) years who is not accompanied by a parent or adult guardian to enter into or remain in any enclosed or open area where motion pictures are being exhibited which have been given an “R” rating according to the rating standards established by the Motion Picture Association of America. [Prior code § 8.40.020.]