Chapter 9.28
OFFENSES BY OR AGAINST MINORS
Sections:
Article I. Curfew
9.28.030 General prohibitions.
9.28.040 Exceptions to general prohibitions.
Article II. Purchase of Cigarettes
9.28.070 Repealed.
9.28.080 Repealed.
Article I. Curfew
9.28.010 Purpose of article.
The city council has determined that it is generally contrary to the well being of minor children to be outside their residences after midnight unsupervised and with no specific purpose. The city council further finds that a much higher percentage of children who are active outside their residences after midnight are more likely to encounter dangerous circumstances and are more greatly exposed to situations presenting a risk to such children’s health and welfare. The city council determines that it is in the best interest of the health and welfare of all persons residing within the corporate limits of the city to adopt and enforce this article imposing specific responsibilities upon the parents or custodians of children under the age of 18 years. (Ord. 683 § 1, 1990)
9.28.020 Definitions.
For purposes of this article, the following definitions shall apply:
A. “Child” means any unemancipated person, male or female, who is not married and is under the age of 18 years.
B. “Parent or custodian” means the father, mother, guardian, or person having the care, custody or control of a child.
C. “Returning home” means travelling, walking, biking or otherwise moving from the point of departure to a child’s home or the residence of the person having the care, custody or control of said child for that evening. Said movement shall be directly from the point of departure to the destination to be accomplished within a reasonable period of time. (Ord. 683 § 2, 1990)
9.28.030 General prohibitions.
A. No parent or custodian shall permit any child he or she is responsible for to remain in or upon the public streets, roadways, alleys, parks, playgrounds or cemeteries, or in or upon private property which is unoccupied, vacant, abandoned, or is not otherwise supervised by a responsible adult between the hours of 12:00 a.m. to 5:00 a.m., except as otherwise permitted under the provisions of this article.
B. School Hour Prohibition. No parent or custodian shall permit any child he or she is responsible for to remain in or upon the public streets, roadways, alleys, parks, playgrounds or cemeteries, or in or about private property which is unoccupied, vacant or abandoned, or in public places of amusement or entertainment, or commercial establishments, between the hours of 7:45 a.m. and 2:45 p.m., on Mondays through Fridays. This prohibition shall not apply for school district holidays, or when school is not in session for any reason. This prohibition shall also not apply to any child authorized by law or by school district officials to be absent from school, or to a child who is being educated at home. In addition, this prohibition shall not apply to any child or juvenile under the age of 18 who has previously graduated from high school or who has received a GED. (Ord. 813 § 2, 1996; Ord. 683 § 3, 1990)
9.28.040 Exceptions to general prohibitions.
The parent or custodian of a child or children shall not be in violation of this article or the general prohibition set forth in ZMC 9.28.030 when:
A. The child is engaged in lawful employment;
B. The child is acting pursuant to directions and permission of his parent or custodian for legitimate, lawful purposes;
C. The child is seeking emergency assistance; and
D. The child is returning home from activities supervised by a responsible adult. (Ord. 683 § 4, 1990)
9.28.050 Enforcement.
Law enforcement officers for the city shall have authority to momentarily detain and question a child where said law enforcement officer suspects a violation of this article, and to determine whether a specified exception to the general prohibition may apply. Should a law enforcement officer have probable cause to determine that a parent or custodian shall accompany said child to his or her residence and ensure said child is safely inside. (Ord. 683 § 5, 1990)
9.28.060 Violation – Penalty.
A. Should a law enforcement officer determine that a parent or custodian has violated the provisions of this article, a written notice/warning thereof shall be given to the parent thereof. The notice shall inform the parent or custodian of the following:
1. The location of where the child was found;
2. The date and time the child was found;
3. The location of the residence where the officer took the child for safety;
4. A warning that the parent or custodian was in violation of this article, a copy of which shall be attached to said notice.
B. The law enforcement officer shall maintain a record of any such violation and the notices given as a result thereof.
C. Upon a second violation by a parent or custodian, the law enforcement officer shall make a report of the incidents to the Child Protective Services of the state. Said officer shall assist Child Protective Services with respect to any action with which the Child Protective Services requests assistance. A second notice shall be sent to the parent or custodian by the law enforcement officer notifying said parent or custodian that Child Protective Services has been contacted.
D. Upon a third violation of this article, the law enforcement officer may charge a parent or custodian of a criminal act in the municipal court. Any person found to be guilty of a third violation of this article may be subject to a fine of up to $500.00 or imprisonment of up to 30 days or both said fine and imprisonment. (Ord. 683 § 6, 1990)
Article II. Purchase of Cigarettes
9.28.070 By person under the age of 18 – Civil violation.
Repealed by Ord. 1439. (Ord. 897 § 1, 1999)
9.28.080 Violation – Penalty.
Repealed by Ord. 1439. (Ord. 897 § 2, 1999)