Chapter 9.10
CURFEW
Sections:
9.10.030 Parental responsibility.
9.10.010 Prohibitions.
No minor under the age of sixteen years shall loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement and of entertainment, vacant lots or other unsupervised places or premises, between the hours of twelve a.m. (midnight) and five a.m. of any day, within the corporate limits of the town. The provisions of this section shall not apply to any such minor who is involved in any of the activities set out in Section 9.10.020. Each and every violation of the provisions of this section shall constitute separate municipal infractions and may be punishable as such. (Ord. 268 §1, 2019)
9.10.020 Exceptions.
The following activities shall be exempt from the curfew requirements of this section where the minor is:
A. Accompanied by their parent, guardian, or any other person eighteen years of age or older who is authorized by the parent or guardian as the caretaker for the minor;
B. On an errand, without any detour or stop, at the direction of the parent, guardian or caretaker;
C. In a vehicle traveling through or around town without a substantial detour or stop;
D. Engaged in a certain employment activity, or going to or from employment, without any detour or stop;
E. Involved in an emergency;
F. In attendance at an official school, religious, or other recreational activity sponsored by the town, school, civic organization, or another similar entity that takes responsibility for the minor and is supervised by adults, or going to or from such an activity, without any detour or stop. (Ord. 268 §2, 2019)
9.10.030 Parental responsibility.
It shall be deemed a violation for any parent, guardian, or other adult person having the care, custody, or control of a minor under the age of sixteen years to allow or permit such minor, either expressly or by neglect, to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots, or other unsupervised places, between the hours of twelve a.m. (midnight) and five a.m. of any day, except as provided in Section 9.10.020. In any prosecution under this section, it shall not constitute a defense thereto that the parent, guardian or other adult person having the care, custody, or control of any such minor did not have knowledge that such minor did loiter, idle, wander, stroll, or play in or upon any of the places specified in this section at any time between the hours herein specified. (Ord. 268 §3, 2019)
9.10.040 Penalties.
Any minor violating the provisions of Section 9.10.010 shall be dealt with in accordance with and pursuant to the provisions of MCA 41-5-101 et seq., and the Interstate Compact on Juveniles (MCA 41-6-101 et seq.).
Any parent, guardian or other adult person having the care, custody or control of a minor violating any of the provisions of Section 9.10.010 shall be deemed guilty of a municipal infraction, and upon conviction thereof in the city court, may be fined as subject to the provisions of MCA 7-1-4150 through 7-1-4152. (Ord. 268 §4, 2019)