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(A) Curfew for minors.
(1) It is a curfew violation for a child thirteen (13), fourteen (14), fifteen (15), sixteen (16), or seventeen (17) years of age to be in a public place:
(a) After 11:00 p.m. on Friday and Saturday;
(b) Before 6:00 a.m. on Saturday or Sunday;
(c) After 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or
(d) Before 6:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
(2) It is a curfew violation for a child under thirteen (13) years of age to be in a public place after 10:00 p.m. or before 6:00 a.m. on any day.
(B) Exemptions. This section does not apply to a child who is:
(1) Accompanied by his parent, guardian, or custodian;
(2) Accompanied by an adult specified by his parent, guardian, or custodian;
(3) Carrying out an errand or other lawful activity as directed by his parent, guardian, or custodian; or
(4) Participating in, going to, or returning from:
(a) Lawful employment; or
(b) A lawful athletic, educational, entertainment, religious, or social event.
(C) Authority of police during curfew hours.
(1) Any police officer may stop and question any minor suspected of violating this section’s provisions and may take the minor into custody when found violating provisions of this section, and the officer shall immediately inform the child of his constitutional rights and afford him the protections required thereunder. The officer shall take the minor to the city police headquarters where the name of the minor’s parent, guardian, or person having legal custody of him shall be ascertained, or if the child is committed, the Department of Juvenile Justice or the cabinet, as appropriate, and if the parent is not available, then a relative, guardian, or person exercising custodial control or supervision of the child, that the child has been taken into custody, give an account of specific charges against the child, including the provisions of this section alleged to have been violated, and the reasons for taking the child into custody.
(2) The parent, guardian, or person having legal custody shall be notified of the child’s detention as required by KRS 610.200 and summoned by the investigating officer to appear at police headquarters to assist in the completion of the investigation. If the parent, guardian, or person having legal custody fails to appear within two hours from the time the child was taken into the custody, the investigating officer shall follow the requirements set forth in KRS Chapter 610 and other applicable provisions of the Kentucky Unified Juvenile Code, regarding detention or release of the child.
(3) Unless the nature of the offense or other circumstances are such as to indicate the necessity of keeping the child in secure custody, the officer shall release the child to the custody of his parent, guardian, person having legal custody, or other responsible adult.
(4) If the investigating or apprehending officer is satisfied that a violation of division (A) of this section has occurred, he shall cause formal charges to be filed requiring the child and his parent, guardian, or person having legal custody to appear in the appropriate court to answer the charge of a violation of division (A).
(5) If formal charges are to be brought, before a child is released to the custody of a parent, guardian, person with legal custody, or other responsible adult, the investigating officer shall obtain a written promise signed by such person that the person will bring the child to the court at the stated time or at such time as the court may order. The written promise, along with the written report of the investigating officer, shall be submitted to the court as required by KRS 610.200.
(D) Penalty. Any child violating division (A) of this section shall be subject to the procedures and penalties provided for by the Kentucky Unified Juvenile Code. Any parent, guardian, or person having legal custody of a child who violates any provision of division (A) of this section may be subject to the financial penalty provided for in KRS 610.180.
(Am. Ord. 2023-06, passed 8-3-23) Penalty, see § 136.99
EDITOR’S NOTE:
This section contains references to those sections of the Kentucky Revised Statutes which prohibit the most common offenses against public order. These citations are intended only as convenient references for enforcement officers in citing offenders under state law. It is not the intention of the municipality to incorporate such statutory provisions in this code of ordinances, and such provisions are specifically not incorporated by reference.
OFFENSE | KRS SECTION | PENALTY CLASS |
OFFENSE | KRS SECTION | PENALTY CLASS |
ABUSE OF CORPSE | 525.120 | D felony |
CRUELTY TO ANIMALS | ||
First degree | 525.125 | D felony |
Second degree | 525.130 | A misdemeanor |
DESECRATION OF VENERATED OBJECTS | ||
First degree | 525.105 | C felony |
Second degree | 525.110 | A misdemeanor |
DISORDERLY CONDUCT | 525.060 | B misdemeanor |
DISRUPTING MEETINGS OR PROCESSIONS | 525.150 | B misdemeanor |
EAVESDROPPING AND RELATED OFFENSES | ||
Divulging illegally obtained information | 525.060 | A misdemeanor |
Eavesdropping | 525.020 | D felony |
Installing eavesdropping device | 525.030 | D felony |
Possessing eavesdropping device | 525.040 | A misdemeanor |
Tampering with private communications | 525.050 | A misdemeanor |
FAILURE TO DISPERSE | 525.160 | B misdemeanor |
HARASSING COMMUNICATIONS | 525.080 | B misdemeanor |
HARASSMENT | 525.070 | Violation |
INCITING TO RIOT | 525.040 | A misdemeanor |
LOITERING | 525.090 | Violation |
OBSTRUCTING HIGHWAY OR PUBLIC PASSAGE | 525.140 | B misdemeanor |
PUBLIC INTOXICATION | 525.100 | B misdemeanor |
RIOT | ||
First degree | 525.020 | D felony |
Second degree | 525.030 | A misdemeanor |
UNLAWFUL ASSEMBLY | 525.050 | B misdemeanor |
(A) Any person violating § 136.01 or any part thereof, shall, upon conviction, be guilty of a misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), and the costs of prosecution.
(Ord. 10-85, passed 8-8-85)
(B) Any person or persons violating any of the provisions of § 136.02 shall be deemed guilty of a class A misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or imprisoned for not less than ten (10) days nor more than twelve (12) months, or both.
(Ord. 14-80, passed 6-17-80)
(C) Any parent, guardian, or person having the legal custody of a minor who violates any provisions of § 136.03 shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00). In addition, any minor violating any provisions of § 136.03 may be referred to Juvenile Court.
(D) See Chapter 139 for description of statutory penalties for those statutory offenses listed in § 136.04 above.