Chapter 9.04
CURFEW
Sections:
9.04.010 Purpose and Intent.
The City Council declares its purpose and intent in enacting this Chapter is as follows:
(1) The ability to make reasoned judgments, resist peer pressure and understand the consequences of improper behavior increase with age, knowledge and experience, all of which are likely to increase as a person grows older, and these factors justify the application of a curfew to minors, but not adults.
(2) Juvenile crime, especially nighttime crime, has increased over the years and jurisdictions enforcing a nocturnal juvenile curfew have experienced a reduction in crime and non-criminal mischief. (Ord. 592, 1989)
(3) In recent years, minors have increasingly been victims of violent crime and the adoption and enforcement of a curfew ordinance will tend to reverse this trend.
(4) Curfew ordinances tend to reinforce parental authority and supervision.
9.04.020 Definition of Minor.
For the purposes of this Chapter, any person under the age of eighteen shall be deemed a minor. (Ord. 592, 1989)
9.04.030 Curfew hours.
It is unlawful for any minor under the age of eighteen to loiter, about or upon the public streets, avenues, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any unsupervised place during the following periods of time:
(1) Between the hours of ten p.m. and six a.m. of the following day for minors fourteen years of age or younger;
(2) Between the hours of eleven p.m. and six a.m. of the following day for minors either fifteen or sixteen year of age;
(3) Between the hours of twelve midnight and six a.m. of the following day for minors seventeen years of age.
9.04.040 Exceptions.
The provisions of this chapter shall not apply to the following:
(1) Any minor accompanied by a parent, legal guardian or a responsible adult to which custody of the minor has been given by the parent or legal guardian;
(2) To any minor performing any task at the direction of his or her legal guardian or to any minor responding to an emergency with or without parental consent;
(3) To any minor then acting within the course and scope of his or her employment;
(4) To any minor on the property of, or the sidewalk directly adjacent to, or the buildings immediately adjacent to the building in which he or she resides;
(5) To any minor legally married;
(6) To any minor in the military service of the United States; (Ord. 592, 1989)
(7) To any minor attending organized association activity, such as school meetings, classes or sporting events, religious meetings, dances, concerts, theatrical performances, or similar events, or other constitutionally protected activity;
(8) To any minor engaged in reasonable and direct travel to and from those activities described in the above exceptions.
9.04.050 Enforcement.
Every police officer is hereby authorized and empowered to go upon public and private property to demand from any person, whom the officer has reasonable cause to believe is in violation of Section 9.04.030, that such person give his or her name, address, proof of age, the name of parent, guardian or adult having care of custody of such person, and other information reasonably necessary to determine whether such violation exists. (Ord. 592, 1989)