Chapter 9.28
OFFENSES RELATING TO MINORS
Sections:
9.28.040 Engaging another to purchase items prohibited to minors.
9.28.050 Purchasing prohibited items for minors.
9.28.070 Teen clubs prohibited.
9.28.080 Possession of graffiti materials by minors prohibited.
9.28.010 Child neglect.
A. It is unlawful for any person to commit the offense of child neglect as provided in this section. For the purposes of this section a person commits child neglect if he knowingly, intentionally or negligently, by act or omission, and without justifiable cause, allows, permits or causes:
1. Any case in which a child is unreasonably placed in a situation or environment which poses a threat to the life, health or welfare of the child;
2. Any case in which a child lacks proper parental care through the actions or omissions of the parent, guardian or legal custodian;
3. Any case in which a child is mistreated or is abandoned, lost or seriously endangered in his surroundings;
4. Any case in which a child is in need of devices because the child’s parents, guardians or legal custodians failed to take the same actions to provide adequate food, clothing, shelter, medical care or supervision that a prudent parent would take;
B. For the purpose of this section:
“Child” means person under the age of sixteen (16) years.
“Legal custodian” means a person who has the right to the care, custody and control of a child and the duty to provide food, clothing, shelter, ordinary medical care, education and discipline for a child, and in an emergency, to authorize surgery or other extraordinary care; and/or a person with whom the child is residing if the legal custodian cannot be located.
C. The statutory privilege between patient and physician and between husband and wife shall not be available for excluding or refusing testimony in any prosecution for a violation of this section.
D. No person, other than the perpetrator, complicitor, co-conspirator, or accessory, who reports an instance of child neglect to law enforcement officials shall be subjected to criminal or civil liability for any consequence of making such report unless he knows at the time of making it that it is untrue.
E. Deferred prosecution is authorized for a first offense under this section.
F. No child who, in good faith, is under treatment described in Section 19-3-103, C.R.S., shall for that reason alone be considered to be endangered as to his health within the purview of this section.
G. Violation of the provisions of this section shall be punished as provided in Section 1.16.010 of this code. (Ord. 1995-17 § 12; Ord. 1988-13 § 1, 1988: prior code § 10-67)
9.28.020 Curfew.
A. In this section:
1. “Curfew hours” means:
a. 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday until 5:00 a.m. the following day; and
b. 12:01 a.m. on any Saturday or Sunday until 5:00 a.m. on the same day.
2. “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, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
3. “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.
4. “Guardian” means:
a. A person who, under court order, is the guardian of a minor; or
b. A person who otherwise has legal custody of a minor; or
c. A public or private agency with whom a minor has been placed by a court.
5. “Minor” means any person under eighteen (18) years of age.
6. “Parent” means a person who is the natural parent, adoptive parent, stepparent or foster parent.
7. “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 and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
8. “Remain” means to:
a. Linger or stay; or
b. Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
9. “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 body member or organ.
B. It is unlawful for a minor to be in a public place or on the premises of any establishment during curfew hours, unless he or she is:
1. Accompanied by his or her parent or guardian; or
2. In the custody of and accompanied by a person who has reached eighteen (18) years of age, but only if the person possesses the written consent of the minor’s parent or guardian; or
3. In a motor vehicle currently being used in interstate travel; or
4. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop.
C. It is unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to be in or remain in any public place or on the premises of any establishment during curfew hours unless the minor is:
1. Accompanied by his or her parent or guardian; or
2. In the custody of and accompanied by a person who has reached eighteen (18) years of age, but only if the person possesses the written consent of the minor’s parent or guardian; or
3. In a motor vehicle currently being used in interstate travel; or
4. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop.
D. It shall be an affirmative defense to charges under subsections B and C of this section that the minor was:
1. Involved in an emergency; or
2. On the sidewalk abutting the minor’s residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor’s presence; or
3. Attending an official school, religious, or other activity supervised by adults and sponsored by the city, a civic organization, religious organization, or another similar entity; or
4. Going to or return home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, religious organization, or another similar entity; or
5. On an errand at the direction of his or her parent or guardian, without any detour or stop. (Ord. 1994-5 § 1)
9.28.040 Engaging another to purchase items prohibited to minors.
It is unlawful for any person under twenty-one (21) years of age to engage or utilize the services of any other person, whether for remuneration or not, to procure any article which the minor himself is forbidden by law to purchase. (Prior code § 10-72)
9.28.050 Purchasing prohibited items for minors.
It is unlawful for any person, whether for remuneration or not, to procure for any person under twenty-one (21) years of age any article which the person is forbidden by law to purchase. (Prior code § 10-73)
9.28.070 Teen clubs prohibited.
A. “Teen club” means any building, portion of a business, room or premises wherein live or recorded entertainment, vocal or instrumental, is provided, with or without dancing for the patrons, for persons under the age of twenty-one (21) years of age.
B. Except as hereinafter provided, it is unlawful to operate or use any building, portion of a business, room or premises in the city, for the business of a teen club.
C. This section shall not apply to any non-liquor licensed establishment; provided, however, that the building, portion of a business, room or premises is not operated or used more than two (2) times per month and twenty-four (24) times per year as a teen club, as described in subsection A of this section.
D. This section shall not apply to any hotel with a hotel and restaurant liquor license; provided, however, that only a portion of the premises where alcoholic beverages may not be obtained, or consumed, may be operated or used not more than six (6) times per year as a teen club as described in subsection A of this section.
E. The owner or manager of any building, portion of a business, room or premises, authorized pursuant to this section to operate or use their premises or portion thereof, as a teen club as described in subsection A of this section, shall provide written notice to the Glendale Chief of Police of the date and time of said event at least ten (10) days prior to the event.
F. Violations of the provisions of this section shall be punished as provided in Section 1.16.010 of this code. (Ord. 1995-18 § 1)
9.28.080 Possession of graffiti materials by minors prohibited.
A. It is unlawful for any person under the age of eighteen (18) years to possess any can of spray paint, broad-tipped marker pen, glass cutting tool, or glass etching tool or instrument. For the purposes of this section only, a broad-tipped marker pen is one with a tip that exceeds one-quarter inch in width.
B. It is an affirmative defense to any offense under this section that the person possessing the materials set forth herein was:
1. Within their home;
2. At their place of employment; or
3. Upon real property with permission from the owner, occupant, or person having lawful control of such property, to possess such materials. (Ord. 1998-2 § 1)