Chapter 9.38
MINORS IN PUBLIC PLACES DURING CERTAIN HOURS
Sections:
9.38.020 Unsupervised minors--Parental responsibility for presence of minors in public places.
9.38.030 Unsupervised minors--Prohibited time periods for presence in public places.
9.38.040 Violation of Section 9.38.020--Exemptions.
9.38.050 Authority to detain minors.
9.38.060 Issuance of exemption licenses.
9.38.090 Existing ordinances or laws not to be affected by this chapter.
9.38.010 Definitions.
As utilized within this chapter, the following terms shall have the meanings established:
"Custodian" means any person over the age of eighteen who is in loco parentis to a juvenile.
"Direct route" means the shortest path of travel through public places to reach the destination without detours or additional stops at any other destinations along the way.
"Emergency" shall include but not be limited to fire, natural disaster, an automobile accident, or obtaining immediate medical care for the minor or a member of the minor’s immediate family.
"Guardian" means any person other than a parent who has legal guardianship of a minor.
"Minor" means an unemancipated person, male or female, under the age of sixteen years.
"Parent" means the natural or adoptive parent of a minor.
"Public place" means any street, alley, highway, sidewalk, park, playground, or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. A public place shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center, and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.
"Remain" means to stay behind, to tarry, and to stay unnecessarily upon the streets, including the congregating of groups (or of interacting minors) totalling four or more persons in which any minor involved would not be using the streets for ordinary or serious purposes such as mere passage or going home. To implement that with additional precision and precaution, numerous exceptions are expressly defined in this chapter so that the ordinance codified in this chapter is not a mere prohibitory or presence-type curfew ordinance. (Ord. 869 §1, 1990).
9.38.020 Unsupervised minors--Parental responsibility for presence of minors in public places.
No parent, guardian, or custodian shall permit or allow a minor for which he or she has responsibility to be or remain in any public place, upon any property upon which they do not have a specific authority to be present, or any unsupervised area during the hours specified in Section 9.38.030, nor shall any unsupervised minor be in such areas within such designated time periods. (Ord. 869 §2, 1990).
9.38.030 Unsupervised minors--Prohibited time periods for presence in public places.
For purposes of a violation of Section 9.38.020, the following prohibited time periods shall apply:
A. Between the hours of twelve midnight and six a.m., Sunday through Thursday, and between the hours of twelve midnight and six a.m., Friday and Saturday;
B. During school holidays and vacations of the Elma School District or nights preceding such school vacations and holidays, the hours established for Friday and Saturday night shall apply. (Ord. 869 §3, 1990).
9.38.040 Violation of Section 9.38.020--Exemptions.
There shall be no violation of Section 9.38.020 under the following circumstances:
A. The minor is accompanied by the parent, guardian, custodian, or other adult person having custody or control of the minor;
B. The minor is engaged in lawful employment;
C. When the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian, custodian, or other adult person having the care and custody of the minor and the minor is traveling in a reasonably direct route between the point of origination and the point of destination;
D. The minor is involved in an emergency concerning the person or property of himself or another;
E. The minor is returning home from employment or from an activity which has been supervised by a responsible adult. For purposes of this chapter, the term "returning home" shall mean immediately and directly after participation in such activity by use of a direct route without a broken chain of sequences and time between the end of such event and the time such minor returns to his or her residence or such other place as may be authorized by the custodian;
F. The minor possesses a license issued by the chief of police as authorized under the provisions of this chapter;
G. When the minor is in a motor vehicle and engaged in interstate travel with the consent of a parent, guardian, or other adult person having custody or control of such minor;
H. When the minor is within one block of his/her legal residence;
I. The minor is emancipated by marriage;
J. When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly. The minor shall evidence the bona fides of such exercise by first delivering to the chief of police at the City Hall a written communication, signed by such minor and countersigned if practicable by the parent of said minor, with their home address and telephone number, specifying when, where, and in what manner said minor will be on the streets at night (during hours when this chapter is otherwise applicable to said minor) in the exercise of a First Amendment right specified in such communication;
K. In case of the reasonable necessity for a minor to remain on the streets, but only after the minor’s parent, guardian, or custodian has communicated to the duty officer, or the person designated by the duty officer to receive such notification, the facts establishing the reasonable necessity, the specified streets on which the minor shall remain, the designated time, and the described purpose for remaining on said streets, including the points of origin and destination. A copy of the communication and the names and addresses of the parent and minor shall be admissible evidence. (Ord. 869 §4, 1990).
9.38.050 Authority to detain minors.
Law enforcement officers of the city shall have the authority to stop and momentarily detain a minor to obtain his or her name, age, and address, as well as the name, age, and address of his or her custodian, when the circumstances would reasonably cause the officer to believe that the presence of the minor is in violation of the provisions of this chapter. In the event it is determined that the presence of the minor is in fact in violation of the provisions of this chapter and is not exempted as provided for, the officer shall direct or deliver the minor to the residence of the custodian, parent, etc. (Ord. 869 §5, 1990).
9.38.060 Issuance of exemption licenses.
The chief of police or his designee shall be authorized to issue licenses to minors as provided for hereinafter. Any minor in possession of such a license acting in the course of the activity authorized under such license shall be deemed exempt as provided for by the prior sections of this chapter. The chief shall be authorized to establish such rules and regulations as may be reasonably necessary to implement the provisions of this license, including but not limited to the provisions relating to the necessary questionnaire, the form of the license, and the like. The license shall be subject to issuance when the chief determines that any of the following circumstances exists:
A. The minor has, for reasons relating to religion, education, or such other purpose as may be deemed to constitute a reasonable need, to require movement during the subject time periods;
B. The minor, while not technically employed, has a reasonable need to be within the prohibited areas during the prohibited time in the furtherance of a business enterprise of some sort, including but not limited to the delivery of newspapers. (Ord. 869 §6, 1990).
9.38.070 Violation--Penalty.
A penalty of up to two hundred fifty dollars may be imposed upon a finding of committed as to the violation.
Upon a second finding of committed within a twelvemonth period, in no event shall less than a fine of one hundred dollars be imposed, such sum to not be suspended or deferred, but shall be subject to community service. (Ord. 869 §7, 1990).
9.38.090 Existing ordinances or laws not to be affected by this chapter.
Nothing within this chapter shall in any manner be construed to be contrary to or restrict existing ordinances or laws relating to the arrest and apprehension of minors. (Ord. 869 §8, 1990).