Division VII. Offenses By or Against Minors and Young People

Chapter 9.67
CURFEW HOUR FOR MINORS

Sections:

9.67.010    Definitions.

9.67.020    Curfew violations.

9.67.030    Exceptions.

9.67.040    Enforcement.

9.67.050    Fines.

9.67.010 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Curfew hours” means midnight to 5:00 a.m.

“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, natural disaster, 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 minor; or

2. A public or private agency with whom a minor has been placed by a court.

“Knowingly” means, with respect to conduct or to a circumstance described by a provision of law defining an offense, that a person is aware that his or her conduct is of that nature or that the circumstance exists, when knowledge of the existence of a particular fact is an element of an offense, that knowledge is established if a person is aware of a substantial probability of its existence, unless the person actually believes it does not exist.

“Minor” means any person under the age of 18 years.

“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, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, 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 the 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. 547 § 4, 1999)

9.67.020 Curfew violations.

A. A minor commits a curfew violation if he or she 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 a curfew violation if he or she knowingly permits, or by insufficient control allows the minor to remain in any public place or on the premises of any establishment within the city during curfew hours in violation of this section.

Indifference as to the activities or whereabouts of the minor shall be prima facie evidence of insufficient control.

C. The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours. (Ord. 547 § 4, 1999)

9.67.030 Exceptions.

A. It is an exception to prosecution under PMC 9.67.020 if the minor was accompanied by his or her parent or guardian;

B. On an errand at the written direction of his or her parent or guardian, without any detour or stop (written direction must be signed, timed and dated by the parent or guardian and must indicate the specific errand);

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 minor’s residence or immediately abutting the residence of a next-door neighbor, if the neighbor did not complain to the police department about the minor’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, Matanuska-Susitna Borough school district, a civic organization, or another similar entity that takes responsibility for the minor;

G. 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;

H. Exercising rights protected by the Alaska Constitution, such as the free exercise of religion, freedom of speech and the right of assembly;

I. In a motor vehicle involved in interstate travel; or

J. Married or had disabilities of minority removed in accordance with AS 9.55.540;

K. In addition, it is an exception to prosecution under PMC 9.67.020(C) 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. 547 § 4, 1999)

9.67.040 Enforcement.

Before taking any enforcement action under this chapter, a police officer shall ask the apparent minor offender’s age and reason for being in the public place. The officer shall not issue a citation under this chapter unless the officer reasonably believes that a violation has occurred and that, based on any response and other circumstances, no exception in PMC 9.67.030 is present. (Ord. 547 § 4, 1999)

9.67.050 Fines.

A violation of this chapter is an offense punishable by the fine established in the current, adopted budget. (Ord. 14-028 § 28, 2014; Ord. 547 § 4, 1999)