Chapter 9.15
OFFENSES RELATING TO MINORS
Sections:
Article I. Curfew for Minors – Certain Activities of Minors Prohibited During Certain Nighttime Hours
Article II. Other Offenses
9.15.060 Aiding or assisting curfew violation.
9.15.070 Leaving children in vehicle.
9.15.080 Misrepresentation of age.
Article III. Tobacco
9.15.100 Buying or possessing tobacco by minors.
9.15.120 Proprietor not to allow use of tobacco on premises.
Article I. Curfew for Minors – Certain Activities of Minors Prohibited During Certain Nighttime Hours
Prior legislation: Ords. 80-6 and 97-2.
9.15.010 Definitions.
“Curfew hours” means:
1. 12:00 a.m. to 5:00 a.m. each night without regard to weekends, legal holidays, or summer vacation, for any minor between his or her sixteenth birthday and eighteenth birthday.
2. 10:00 p.m. to 5:00 a.m. each night without regard to weekends, legal holidays, or summer vacation, for any minor prior to his or her sixteenth birthday.
“Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
“Establishment” means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
“Guardian” means:
1. A person who, under court order, is the guardian of the person of a minor; or
2. A public or private agency with whom a minor has been placed by a court.
“Minor” means any person under 18 years of age.
“Operator” means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
“Parent” means a person who is:
1. A natural parent, adoptive parent, or step-parent of another person; or
2. At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
“Public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
“Remain” means to:
1. Linger or stay; or
2. Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
“Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. [Ord. 99-1. Code 1988 § 7-3-1.1].
9.15.020 Offenses.
A. A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours.
B. A parent or guardian of a minor commits an offense if he knowingly permits, or negligently allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
C. The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. [Ord. 99-1. Code 1988 § 7-3-1.2].
9.15.030 Defenses.
A. It is a defense to prosecution under HMC 9.15.020 that the minor was:
1. Accompanied by the minor’s parent or guardian;
2. On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
3. In a motor vehicle involved in interstate travel;
4. Engaged in an employment activity, or going to or returning from an employment activity, without any detour or stop;
5. Involved in an emergency;
6. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city of Helper, a civic organization, or another similar entity that takes responsibility for the minor, 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 Helper, a civic organization, or another similar entity that takes responsibility for the minor;
B. It is a defense to prosecution that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. [Ord. 99-1. Code 1988 § 7-3-1.3].
9.15.040 Enforcement.
Before taking any enforcement action under this article, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this article unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in HMC 9.15.030 is present. [Ord. 99-1. Code 1988 § 7-3-1.4].
9.15.050 Penalties.
A person who violates a provision of this article is guilty of a class C misdemeanor as a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. [Ord. 99-1. Code 1988 § 7-3-1.5].
Article II. Other Offenses
9.15.060 Aiding or assisting curfew violation.
Any person assisting, aiding, abetting, permitting, or encouraging any minor to violate the provisions of Article I of this chapter shall be guilty of a class C misdemeanor. [Code 1988 § 7-3-2].
9.15.070 Leaving children in vehicle.
It shall be unlawful for any person having in his care, custody, control or under his guidance any child under six years of age to leave such child unattended in any automobile, truck, trailer or other vehicle upon a public street, alley or parking lot open to the public. A child is unattended within the meaning of this section if he is left in the vehicle alone or, if not alone, the oldest person with the child is under 12 years of age. [Code 1988 § 7-3-3].
9.15.080 Misrepresentation of age.
It shall be unlawful for any minor to misrepresent his age, or for any other person to knowingly misrepresent the age of a minor, for the purpose of obtaining tobacco or an alcoholic beverage. (Section 32-7-15.5, Utah Code Annotated 1953) [Code 1988 § 7-3-4].
9.15.090 Alcoholic beverages.
See Chapter 5.25 HMC. [Code 1988 § 7-3-6].
Article III. Tobacco
9.15.100 Buying or possessing tobacco by minors.
It shall be unlawful for any person under 19 years of age to buy, accept, or have in his or her possession any cigar, cigarette, or tobacco in any form. (Sections 10-8-47 and 76-105, Utah Code Annotated 1953) [Code 1988 § 7-3-5.1].
9.15.110 Supplying tobacco.
It shall be unlawful for any person to sell, give, or furnish any cigar, cigarette, cigarette paper or wrapper, or any tobacco in any form to any person under 19 years of age. (Sections 10-8-47 and 76-10-104, Utah Code Annotated 1953) [Code 1988 § 7-3-5.2].
9.15.120 Proprietor not to allow use of tobacco on premises.
It is a misdemeanor for the proprietor of any place of business to knowingly permit persons under the age of 19 to frequent such place of business while they are using tobacco. The term “place of business” as here used shall apply to any and all such places as shops, stores, factories, public garages, offices, theaters, recreation and dance halls, pool halls, pool rooms, cafes, cafeterias, cabarets, restaurants, hotels, and lodging houses. [Code 1988 § 7-3-5.3].