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MINORS
No child under the age hereinafter set forth shall be upon any public thoroughfare or any other public place of this city, unless such child is accompanied by his or her parent, guardian, or other person having legal care and custody of the child, or is accompanied by a responsible person 21 years of age, or is in the performance of an errand or duty directed by his or her parent, guardian, or legal custodian, or whose legally recognized employment makes it necessary for such child to be in or upon city streets, thoroughfares, or other public places between the hours set forth:
(A) Children the age of 12 years and under: between the hours of 10:00 p.m. and 6:00 a.m., unless exempted under division (C) below; and
(B) Children over the age of 12 years and under the age of 18 years: between the following hours, unless exempted under division (C) below:
(1) Eleven p.m. to 6:00 a.m. Sunday through Thursday; and
(2) One a.m. to 6:00 a.m. Friday and Saturday.
(C) It is an exemption to a violation under this section that the person engaged in the prohibited conduct while:
(1) Accompanied by the minor’s parent or guardian;
(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;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning from, without any stop or detour, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, 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; or
(9) Married, or had been married, or had disabilities of minority removed in accordance with state law.
(2015 Code, § 4-5-1) Penalty, see § 130.99
No parent, guardian, or other person having the legal care and custody of any child coming within the provisions of this subchapter shall allow or permit such child to go or be in or upon any of the city thoroughfares or any other public place in the city after the hours prescribed in § 130.15 unless reasonable necessity can be shown therefor.
(2015 Code, § 4-5-1) Penalty, see § 130.99
The Sheriff’s Department, upon finding a child under the prescribed ages set forth in § 130.15 in or upon the city streets, thoroughfares, or other public places of the city, in violation of any of the provisions of this subchapter after the hours prescribed, shall cause such child to be taken to his or her home and shall deliver to the child’s parents, guardian, or custodian written notice of the violation of this subchapter together with a notice that unless the terms of this subchapter are complied with, a penalty will be imposed against the parents, guardian, or legal custodian.
(2015 Code, § 4-5-1) Penalty, see § 130.99
(A) It is unlawful and punishable as hereinafter provided for the licensee, or any agent, servant, or employee of a licensee, holding an all-beverage license, authorized by the provisions of MCA Title 16, Chapter 4, part 2, to allow any person under the age of 21 years to be or remain in the barroom or room which is used primarily for dispensing alcoholic beverages within the premises upon which business is carried on under said license, within the city unless such person is:
(1) Accompanied by at least one of his or her parents or by his or her duly appointed guardian;
(2) Accompanied by a spouse who is over the age of 21 years; or
(3) Lawfully employed by the licensee and then shall be permitted upon the premises only during his or her working hours.
(B) It shall be a defense to the provisions of division (A) above that a person under the age of 21 years exhibited to the licensee, or the agent, servant, and employee of the licensee, a driver’s license or birth certificate showing the person to be 21 years of age or older.
(C) It is unlawful and punishable as hereinafter provided for a person under the age of 21 years to be or remain in the barroom or room which is used primarily for dispensing alcoholic beverages within the premises upon which business is carried on under an all-beverage license authorized by the provisions of MCA Title 16, Chapter 4, part 2, unless such person is:
(1) Accompanied by at least one of his parents or by his or her duly appointed guardian;
(2) Accompanied by a spouse who is over the age of 21 years; or
(3) Lawfully employed by the licensee and then shall be permitted upon the premises only during his or her working hours.
(2015 Code, § 4-5-2) Penalty, see § 130.99
(A) Any person violating a provision of this chapter for which another penalty has not been provided shall, upon conviction thereof, be subject to penalty as provided in § 10.99.
(2015 Code, § 4-5-1)
(2015 Code, § 4-5-2)