Except as the application thereof is clearly impractical or inappropriate, in view of the context of purposes or penalty as provided, all of the definitions, requirements, regulations, prohibitions, provisions and sections of the Utah criminal code, Utah Code Annotated title 76, as amended, with a corresponding penalty of infraction, class C misdemeanor or class B misdemeanor, are hereby adopted by the town. Any and all violations thereof shall be considered violations of this chapter and each such violation shall be subject to the penalties as provided in section 1-4-1 of this code. (2010 Code)
A. Definitions: The following words and phrases used in this section shall have the following meanings unless a different meaning clearly appears from the context:
CARE AND CUSTODY: 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: 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: Any unmarried, unemancipated person who is not a member of the armed forces of the United States and who is under the age of sixteen (16) years for the purpose of subsection B of this section, or who is under the age of eighteen (18) years for the purpose of subsection C of this section.
PUBLIC PLACES: 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 and recreation.
B. Sixteen Years Of Age: It shall be unlawful for any minor under the age of sixteen (16) years to remain or loiter upon any of the sidewalks, streets, alleys or public places in the town between the hours of eleven o'clock (11:00) P.M. and five o'clock (5:00) A.M. the following morning.
C. Eighteen Years Of Age: It shall be unlawful for any minor under the age of eighteen (18) years to remain or loiter upon any of the sidewalks, streets, alleys or public places in the town between the hours of one o'clock (1:00) A.M. and five o'clock (5:00) A.M.
D. 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 section.
E. Business Liability: No person owning or operating a "business", as defined by this code, shall knowingly permit any minor to remain on the premises of such business in violation of the provisions of this section. This subsection, however, shall not apply to any minor who is lawfully employed on the premises.
F. Exceptions: The provisions of this section shall not apply to any circumstance 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 town;
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 function is occurring; or
6. Within the immediate vicinity of the minor's place of residence.
G. Enforcement:
1. Any minor who is in violation of the provisions of this section 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 section 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. (Ord. 1993-O-3, 2-11-1993)
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