CHAPTER 5-1: CURFEW FOR MINORS

SECTIONS:

5-1-1:    CURFEW HOURS FOR MINORS:

5-1-2:    OFFENSES:

5-1-3:    DEFENSES/EXCEPTIONS:

5-1-4:    ENFORCEMENT:

5-1-5:    SEPARATE OFFENSES:

5-1-6:    PENALTIES:

5-1-1 CURFEW HOURS FOR MINORS:

(Ord. 3208, eff. 6-14-94) (amd. Ord. 3639, eff. 7-10-97)

Definition. In this section unless the context otherwise requires:

(A) "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action.

(B) "Guardian" means a person who, under court order, is the guardian of the person of a minor or a public or private agency with whom a minor has been placed by an authorized agency or court; or at least 21 years of age and authorized by a parent or guardian to have the care and custody of a minor.

(C) "Insufficient control" means failure to exercise reasonable care and diligence in the supervision of the juvenile.

(D) "Minor" means any person under eighteen years of age.

(E) "Parent" means a person who is a natural parent, adoptive parent or step-parent of another person.

5-1-2 OFFENSES:

(A) It is unlawful for any minor under the age of sixteen years to be in, about, or upon any place in the city/town away from the property where the youth resides between the hours of 10:00 p.m. and 5:00 a.m. of the following day.

(B) It is unlawful for any minor sixteen years of age or older and under the age of eighteen years, to be in, about, or upon any place in the city/town away from the property where the child resides between the hours of 12:00 a.m. and 5:00 a.m.

(C) It is unlawful for a parent, guardian, or other person having supervisorial custody of the minor to knowingly permit, or by insufficient control, allow a minor to violate the provisions of Sections 5-1-2(A) or (B), except as expressly provided herein. It shall not constitute a defense hereto that such parent, guardian, or other person having supervisorial custody of the minor did not have actual knowledge of the minor’s violation of Sections 5-1-2(A) or (B), if such parent, guardian, or other person having responsibility for the minor, in the exercise of reasonable care and diligence, should have known of the aforementioned unlawful acts of the minor.

(D) It is unlawful for parent, guardian, or other person having the care, custody, or supervision of the minor to fail or refuse to take custody of the minor after such demand is made upon him by a law enforcement officer who arrests the minor for violation of Sections 5-1-2(A) or (B).

5-1-3 DEFENSES/EXCEPTIONS:

It is a defense to prosecution under Sections 5-1-2(A), (B) or (C) that the minor was:

(A) Accompanied by the minor’s parent or guardian or an adult having supervisorial custody of the minor.

(B) With prior permission of the parent or guardian or an adult having supervisorial custody, in a motor vehicle involved in interstate travel.

(C) With prior permission of the parent or guardian or an adult having supervisorial custody, in an employment activity or going to or returning home from an employment activity without a detour or stop by the most direct route.

(D) On an emergency errand.

(E) Specifically directed to the location by the parent or guardian or an adult having supervisorial custody, on reasonable, legitimate business or some other activity, or going to or returning home from such business or activity.

(F) With prior permission of the parent or guardian or an adult having supervisorial custody, engaged in a reasonable and legitimate exercise of First Amendment rights protected by the United States Constitution.

(G) Married and 16 years of age or over, on in the military.

(H) On the sidewalk abutting their residence or on the next door neighbor’s property with the consent of the neighbor.

5-1-4 ENFORCEMENT:

(A) Before taking any enforcement action under this section, a police officer shall attempt to ascertain the apparent offender’s age and reason for being in the place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based upon the circumstances, the minor’s responses and minor’s conduct, no defense as provided in Section 5-1-3 of this section is probably present.

(B) In addition to any other powers he/she may have, any law enforcement officer who arrests a minor for violating any of the provisions of Sections 5-1-2(A) or (B) is also hereby empowered to demand of the parent, guardian, or adult having supervisorial custody that such parent, guardian, or other adult come and take the minor into custody. The law enforcement officer is also empowered to take the minor to a designated location where arrangements can be made for a parent, guardian, an adult having supervisorial custody or other appropriate party to take the minor into custody. Should there be a failure of the parent, guardian or other person to take custody of such minor, the officer may then be empowered to take the minor home.

5-1-5 SEPARATE OFFENSES:

Each violation of any provisions of Section 5-1-2 shall constitute a separate offense.

5-1-6 PENALTIES:

(A) Any person who violates Sections 5-1-2(A), (B) or (D) is guilty of a Class 1 misdemeanor. This offense is designated as an incorrigible offense for minors under the jurisdiction of the Juvenile Court.

(B) Any person who violates Section 5-1-2(C) shall be guilty of a petty offense.