Chapter 9.15
GENERAL POLICE POWERS
Sections:
Article I. Curfew
9.15.040 Sixteen-year-old curfew.
9.15.050 Eighteen-year-old curfew.
Article II. Abuse and Misuse of Emergency 911 Telephone Service
9.15.120 Deleted during 2011 recodification.
9.15.010 Crimes.
The Utah Criminal Code, Section 76-1-101 et seq., Utah Code Annotated 1953, is hereby adopted as a Riverton ordinance; provided, however, that any provision of the foregoing having a penalty which cannot be imposed for violation of a city ordinance is not adopted. [Code 1997 § 13-4-11.]
Article I. Curfew
9.15.020 Purpose.
The Riverton City council finds, due to a seemingly ever-increasing incidence of violence and other crime among juveniles in Riverton City, being both drug-related and gang-related, that such crimes may be significantly inhibited and reduced by the enactment and enforcement of local laws establishing a curfew prohibiting juveniles from remaining idly and purposelessly on the public streets late at night. [Code 1997 § 13-4-12-1.]
9.15.030 Definitions.
“Care and custody” means the legal authority of a parent or guardian to supervise or otherwise be responsible for a minor, or the express authority given from such parent or legal guardian of a minor to a responsible adult to supervise or otherwise be responsible for the activities and care of the minor.
“Emergency errand” means any errand or travel undertaken to directly and immediately seek to prevent or reduce the consequences of an illness or injury, criminal or potentially criminal activity, or fire or other accident and shall include the seeking of aid and assistance from medical or emergency response personnel or the purchase of medications.
“Minor” means any unmarried, unemancipated person who is not a member of the Armed Forces of the United States and who is under the age of 16 years for the purposes of RCC 9.15.040 or who is under the age of 18 years for the purpose of RCC 9.15.050.
“Public places” means any place open to the public, whether publicly or privately owned, including, but not limited to, parking lots and the interiors and exteriors of commercial establishments such as restaurants, stores or places of entertainment. [Amended during 2011 recodification. Code 1997 § 13-4-12-2.]
9.15.040 Sixteen-year-old curfew.
It shall be unlawful for any minor under the age of 16 years to remain or loiter upon any of the sidewalks, streets, alleys or public places in the city between the hours of 11:00 p.m. and 5:00 a.m. the following morning. [Code 1997 § 13-4-12-3.]
9.15.050 Eighteen-year-old curfew.
It shall be unlawful for any minor under the age of 18 years to remain or loiter upon any of the sidewalks, streets, alleys or public places in Riverton City between the hours of 1:00 a.m. and 5:00 a.m. [Amended during 2011 recodification. Code 1997 § 13-4-12-4.]
9.15.060 Parental liability.
It shall be unlawful for any parent, guardian or other person having care and custody of any minor to knowingly allow or permit the minor to violate the provisions of this chapter. [Code 1997 § 13-4-12-5.]
9.15.070 Business liability.
No person owning or operating a business as defined by the Riverton City Code shall knowingly permit any minor to remain on the premises of such business in violation of the provisions of this article. This section, however, shall not apply to any minor who is lawfully employed on the premises. [Code 1997 § 13-4-12-6.]
9.15.080 Exceptions.
The provisions of this chapter shall not apply to any circumstances in which the minor is:
(1) Accompanied by a parent, guardian, or other responsible adult having care and custody of such minor;
(2) Engaged in a legitimate trade, employment or occupation which requires the minor’s presence in or on the sidewalks, streets, alleys or public places while working at or traveling to or from such employment;
(3) Engaged on an emergency errand directed by the minor’s parent, guardian or other responsible person having care and custody;
(4) In a motor vehicle engaged in normal interstate travel beginning in, traveling through, or ending in the city;
(5) Attending or engaged in traveling between the minor’s home or place of residence and a place where any religious, municipal, social, entertainment, sporting, political, library, or school functions are occurring; or
(6) Within 100 feet of the property line of the minor’s place of residence. [Amended during 2011 recodification. Code 1997 § 13-4-12-7.]
9.15.090 Enforcement.
(1) Any minor who is in violation of the provisions of this chapter is subject to arrest and citation.
(2) Upon arrest, the minor shall be returned to the custody of the parent, guardian or other person charged with the care and custody of the minor.
(3) It shall be unlawful for any parent, guardian or other person charged with the care and custody of a minor who is in violation of this chapter to knowingly refuse to appear and take custody of said minor within a reasonable time after being ordered to do so by a peace officer. [Code 1997 § 13-4-12-8.]
9.15.100 Severability.
If any section, subsection, sentence or word of this chapter is held, by a court of competent jurisdiction, to be invalid, the remaining unaffected portions shall remain in full legal force and effect. [Code 1997 § 13-4-12-9.]
Article II. Abuse and Misuse of Emergency 911 Telephone Service
9.15.110 Prank calls.
It shall be a class B misdemeanor for any individual to make a 911 emergency telephone call when the individual knows that no emergency exists. [Code 1997 § 13-4-13-1.]
9.15.120 Abusive calls.
Deleted during 2011 recodification. [Code 1997 § 13-4-13-2.]
9.15.130 Definitions.
For purposes of this section, “emergency” is defined as any situation where a person’s property, health, safety or life is threatened or where a person reasonably believes that property, health, safety or life is threatened. [Code 1997 § 13-4-13-3.]