The city’s curfew regulation is applicable to children under 17. The city’s objectives are to reduce and protect juveniles from violence, gang activity and crime and to further strengthen parental responsibility for children without unduly infringing upon the constitutional rights of parents to direct their children’s upbringing.
(A) Definitions.
ABUTTING. Adjoining, be next to or share a common boundary.
CURFEW HOURS FOR PERSON(S) LESS THAN 15.
(a) Between 10:00 p.m. Friday and 6:00 a.m. Saturday;
(b) Between 10:00 p.m. Saturday and 6:00 a.m. Sunday; and
(c) Between 9:00 p.m. on Sunday through Thursday, inclusive, and 6:00 a.m. on the following day.
CURFEW HOURS FOR PERSON(S) LESS THAN 17.
(a) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
(b) Between 11:00 p.m. Saturday and 6:00 a.m. Sunday; and
(c) Between 10:00 p.m. on Sunday through Thursday, inclusive, and 6:00 a.m. on the following day.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT. Any privately-owned place of business operated for a profit to which the public is invited including, but not limited to, any place of amusement or entertainment.
GUARDIAN. A person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by a court.
KNOWINGLY. Deliberately, purposely, consciously, intentionally, on purpose, willfully or wittingly; any person possessing full knowledge and deliberation.
MINOR. Any person less than 17 years of age.
PARENT. A person who is a natural parent, adoptive parent or step-parent of another person; or at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
REMAIN. To: linger or stay; or fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.
SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(B) Offenses.
(1) A minor commits an offense if he or she remains in any public place or on the premises of any establishment during curfew hours.
(2) A parent or guardian of a minor or other person in custody or control of a minor commits an offense if he or she knowingly permits the minor to remain in any public place or on the premises of any establishment during curfew hours.
(C) Exemptions. It is an exemption to prosecution under division (B) above that the minor was:
(1) Accompanied by the minor’s parent or guardian or other person in custody or control of the minor;
(2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor’s presence;
(7) Attending an official school, religious or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home, without any detour or stop, from an official school, religious or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization or another similar entity that takes responsibility for the minor;
(8) 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; and/or
(9) Married or had been married or is an emancipated minor under the Emancipation of Minors Act.
(D) Enforcement. Before taking any enforcement action under this section, a law enforcement officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense of division (B) above has occurred and that, based on any response and other circumstances, no exemption in division (C) above is present.
(E) Enforcement alternatives. If an officer reasonably believes a curfew violation has occurred, the officer may take the following actions:
(1) Issue a “written warning” notice; send or take the minor home;
(2) Complete a field interview report (FIR); send or take the minor home;
(3) Send the minor home depending on the following factors; age, time, location from residence; is the minor under the influence of alcohol or drugs or recidivism rate (previous curfew violations or criminal history);
(4) Issue the minor a “non-traffic” citation;
(5) Take the minor into custody; and/or
(6) Issue a “written warning” notice or “non-traffic” citation to the minor’s parent(s) or legal guardian under division (B)(2) above.
(1960 Code, § 30-1-33) (Ord. 7505, passed 7-5-2011) Penalty, see § 130.99