Chapter 9.08
OFFENSES REGARDING MINORS

Sections:

9.08.010    Purchase, possession prohibited.

9.08.020    Curfew – Minors – Exceptions.

9.08.030    Responsibility of parents, guardians for curfew.

9.08.010 Purchase, possession prohibited.

Any person who maintains in his place of business a tobacco vending machine accessible to persons under the age of 19 or provides any method of self-help for the disposition to persons under the age of 19 by gift, sale or otherwise of any cigarette or cigarette paper or wrapper or any paper made or prepared for the purpose of making cigarettes or tobacco in any form whatsoever is guilty of a class C misdemeanor. Cigarette vending machines shall be deemed accessible to persons under the age of 19 except:

A. Where they are in locations where persons under the age of 19 are prohibited.

B. Where the machine can be operated only by the owner or his employee, either directly or through a remote control device which is inaccessible to the customer and must be operated for each sale.

C. In private industrial locations where only adult employees are customarily allowed, provided such locations are inaccessible to persons under the age of 19.

D. In adult private clubs; provided, that such locations are inaccessible to persons under the age of 19. [Code 1986 § 13-30-1-01.]

9.08.020 Curfew – Minors – Exceptions.

A. No person under the age of 16 years shall be or remain upon any of the streets, alleys, or public places or vacant lots at night between the hours of 10:00 p.m. and 4:00 a.m. Sunday through Thursday and between 11:00 p.m. and 4:00 a.m. on Fridays and Saturdays.

B. No person of the ages 16 or 17 years shall be or remain upon any of the streets, alleys, or public places or vacant lots at night between the hours of 11:00 p.m. and 4:00 a.m. Sunday through Thursday and between 12:00 a.m. (midnight) to 4:00 a.m. Fridays and Saturdays.

C. Exceptions.

1. The above curfew hours shall not apply to a minor who is accompanied by a parent, guardian, or other person having legal custody of such minor person.

2. The above curfew hours shall not apply in cases of employment or lawful business of a minor which makes it necessary to be upon the streets, alleys, or public places. In which case, the minor person shall obtain a permit from a duly appointed law enforcement officer to be upon the streets, alleys, or public places during the above curfew hours.

3. The above curfew hours shall not apply to a minor returning home from a school, civic, or church activity.

4. The above curfew shall not apply to a minor exercising his or her first amendment rights, such as freedom of speech, freedom of assembly or freedom of religion.

D. Penalty. Any violation of this section is a class C misdemeanor. [Ord. 2005-06-1; code 1986 § 13-30-1-02.]

9.08.030 Responsibility of parents, guardians for curfew.

No person, guardian or other person having legal charge or custody of any person under 17 years of age shall allow or permit any such person or child, ward or other person under such age, while in such legal custody, to go or be in or upon any of the streets, alleys, or public places when such going or being in or upon such streets, alleys, or public places would be a violation by such minor person of any provision of MMC 9.08.020. [Ord. 2005-06-1; code 1986 § 13-30-1-03.]