Article 709
CURFEW

Sections:

709.01  Restricted hours for minors under 16 – Exceptions.

709.02  Responsibility of parent, guardian or custodian.

709.03  Apprehension and disposition of minor offenders.

709.04  Fire alarm to be tolled as warning signal.

709.99  Penalty – Parent’s defense.

709.01 Restricted hours for minors under 16 – Exceptions.

No minor under the age of 16 years shall be on the streets, alleys and public places of the city between the hours of 9:30 p.m. and 5:00 a.m., unless accompanied by his parent, guardian or other person having legal custody of such minor, or unless such minor possesses a written statement, dated the day it is presented and signed by the minor’s parent, guardian or custodian declaring that the minor is on an emergency errand and describing the nature of such errand. (Ord. 2045 § 1, 1938)

709.02 Responsibility of parent, guardian or custodian.

No parent, guardian or other person having legal care or custody of any minor under 16 years of age shall allow or permit such minor to be in or upon any of the streets, alleys or public places in the city within the time prohibited in MMC 709.01, except as provided therein. (Ord. 1027 § 2, 1913)

709.03 Apprehension and disposition of minor offenders.

All police officers are hereby authorized and directed to apprehend on view all minors under 16 years of age violating MMC 709.01. In case of arrest or apprehension the minor is to be dealt with as follows: for the first offense, the officer shall take the minor to his parent, guardian or custodian, and the fact of the taking shall be reported by the officer to police headquarters and a record made of the same, and entered upon the docket of the police magistrate; for a second or subsequent violation by any minor, the minor shall again be apprehended on view by any police officer, and again taken to his parent, guardian or custodian, and such minor shall be proceeded against in the juvenile courts of the county by the chief of police as complainant as an incorrigible, delinquent or neglected child. (Ord. 1027 § 3, 1913)

709.04 Fire alarm to be tolled as warning signal.

The fire alarm at the Central Fire Station shall be tolled two taps at 9:15 p.m. each night as a notice and warning to the public of the time limit hereinbefore stipulated. However, the neglect or failure to toll the alarm any night at such time shall not constitute a waiver of the requirements and prohibitions of this article. (Ord. 2045 § 2, 1938)

709.99 Penalty – Parent’s defense.

Any parent, guardian or custodian violating MMC 709.02 shall upon conviction be fined $1.00 and costs for the first offense; $2.00 and costs for a second offense; and $5.00 and costs for a third or any subsequent offense. In default of payment thereof the convicted parent, guardian or custodian shall be imprisoned one day of each $1.00 of fine imposed. However, if the parent, guardian or custodian, when proceeded against under this section, shall make oath before the magistrate hearing the case that the minor he is charged with permitting to be unlawfully upon the streets, alleys or other public places of the city was there contrary to his direction and desire, and that the minor is beyond his control, and is an incorrigible child, such affidavit shall be sufficient defense in the action, and any such minor may then be proceeded against, on complaint of the chief of police, in the juvenile court as an incorrigible child. (Ord. 1027 § 4, 1913)