Chapter 8.18


8.18.010    Purpose and intent.

8.18.020    Definitions for curfew provisions.

8.18.030    Curfew restrictions.

8.18.040    Penalty.

8.18.010 Purpose and intent.

The city council’s purpose in enacting this chapter is to protect the welfare of minors while continuing to meet the city’s need for a nighttime curfew, which has been a significant factor in minimizing juvenile violence, criminal street-gang activity, and crime by and against minors in the city. This chapter is intended to reasonably balance the protected rights of minors and their parents with the best interests of the public. Parental responsibility for a minor’s conduct is paramount to the city’s regulatory authority. [Ord. 2010-126 § 1 (Exh. A)].

8.18.020 Definitions for curfew provisions.

The following definitions apply to the use of these terms for the purposes of this chapter:

“Curfew hours” means the period from 11:00 p.m. any evening of the week until 6:00 a.m. the following day.

“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, 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 a minor;

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

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

“Parent” means a person who is a biological parent, adoptive parent, or step-parent of the 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.

“Responsible adult” means a person 18 years of age or older, authorized by a parent or guardian to have the care and custody of a minor.

“Serious bodily injury” means any 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. 2010-126 § 1 (Exh. A)].

Cross-reference: definitions generally, AVMC 1.02.010.

8.18.030 Curfew restrictions.

A. It is unlawful for any minor to be present in any public place or on the premises of any establishment within the city during curfew hours.

B. Except as provided in subsection (C) of this section, it is unlawful for any parent or guardian to knowingly permit, or by insufficient control to allow, a minor to be present in any public place or on the premises of any establishment within the city during curfew hours.

C. Subsection (A) or (B) of this section does not apply if the minor is:

1. Accompanied by the minor’s parent or guardian, or by a responsible adult;

2. On an errand at the direction of the minor’s parent or guardian, or the responsible adult, 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 home from an employment activity, without any detour or stop;

5. Involved in, or acting in response to, an emergency;

6. On the sidewalk abutting the minor’s residence;

7. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;

8. Exercising First Amendment rights protected by the United States Constitution; or

9. Emancipated pursuant to law.

D. Before taking any enforcement action under this section, a deputy sheriff shall ask the person’s age and reason for being in the public place or on the premises of the establishment during curfew hours. 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 on any responses and other circumstances, none of the exceptions listed under subsection (C) of this section apply. [Ord. 2010-126 § 1 (Exh. A)].

8.18.040 Penalty.

Any minor violating the provisions of AVMC 8.18.030 shall be guilty of a misdemeanor. Any parent, guardian or other adult person, having the care and custody of a minor, who knowingly and willfully allows such minor to violate AVMC 8.18.030, shall be guilty of a misdemeanor. [Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.