This section shall be known and cited as the “Curfew Ordinance”.
1. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT. A person who is 18 years of age or older.
CURFEW HOURS. The hours as specified in subsection 2. below.
MINOR. Any person under the age of 18 years.
PARENT. Any person having legal custody of minor:
(1) As a natural or adoptive parent;
(2) As a legal guardian; or
(3) As a person to whom legal custody has been given by order of a court.
PUBLIC PLACE. Any street, alley, highway, sidewalk, park or playground.
REMAIN. To stay behind, to tarry or to stay unnecessarily upon any public place, including the congregating of groups or of interacting minors totaling 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.
STREET. A way or place, of whatsoever nature, open to the use of the public a matter of right for purposes of the vehicular travel or in the case of sidewalk for pedestrian travel, the term STREET includes the right-of-way, including but not limited to traffic lanes, the curb, the sidewalks whether paved or unpaved, and any grass plots or other grounds found within the right-of-way of a street.
TIME OF NIGHT. Based upon the prevailing standard of time, whether Central Standard Time or Central Daylight Saving Time, generally observed at that hour by the public.
2. Curfew for minors. It shall be unlawful for any minor to be or remain, in or upon a public place within the city at night during the period beginning at 11:00 p.m. and ending at 6:00 a.m. the following day for Sunday through Thursday and beginning at midnight and ending at 6:00 a.m. the following day for Friday and Saturday.
3. Exception. In the following exception cases, a minor in a city public place during the curfew hours shall not be considered in violation of subsection 2. above:
a. When accompanied by a parent of such minor;
b. When accompanied by an adult authorized by a parent of such minor to take said parent’s place in accompanying said minor for a designated period of time and purpose within a specified area, provided that the minor has a written consent in the minor’s possession stating the name of the adult who has charge of said minor, and the names, address and telephone numbers of such minor and a parent;
c. When exercising First Amendment rights protected by the United States Constitution, such as free exercise of religion, freedom of speech and the right of assembly. Such minor shall evidence the bona fide exercise by possession of a written consent, signed by such minor and countersigned by a parent of such minor and with their home address and telephone number, specifying when, where and in what manner said minor will be on a public place during curfew hours in the exercise of a First Amendment right specified in such written consent;
d. In case of reasonable necessity, but only if the minor has in said minor’s possession a written consent signed by the minor, countersigned by a parent of such minor evidencing their home address and telephone number, and establishing such reasonable necessity relating to specified streets or public place at a designated time for a described purpose including points of origin and destination;
e. When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next-door neighbor where said neighbor does not object to the presence of such minor on such sidewalk;
f. When returning home, by a direct route from and within 30 minutes of termination of a school activity, or an activity of a religious or voluntary association, provided the minor has a written consent to the minor’s possession, countersigned by the parent indicating the home address, a telephone number, the purpose for the event, when, where and in what manner said minor will be on the streets or public place at night;
g. When the minor is going to or returning from his or her place of employment, provided said minor shows sufficient proof of such employment; and
h. When the minor is, with parental consent, in a motor vehicle, contemplating normal travel of such vehicle, provided the minor has a written consent in the minor’s possession, countersigned by the parent indicating the home address and telephone number, the purpose of such travel, when, where and in what manner said minor will be on the streets or public place during curfew hours. This clearly exempts bona fide interstate movement through the city, particularly on normal routes.
4. Parental responsibility.
a. Generally. It shall be unlawful for a parent of a minor to knowingly permit or by inefficient control to allow such minor to be or remain upon any public place under circumstances not constituting an exemption during curfew hours. The term KNOWINGLY includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent’s legal custody. It is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It shall be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor.
b. Marie Detty Youth Services center fees. The city is hereby authorized to send a letter to the parents of any juvenile arrested from the city and sent to Marie Detty Youth Services Center in Lawton, Oklahoma, assessing the costs billed to said city for services and fees by the Marie Detty Youth Services Center, to said parents of said juvenile, requesting that reimbursement and payment of said assessment be made to the city within 30 days of the assessment/invoice date. The city’s assessment letter shall include a copy of the Marie Detty Youth Services invoice paperwork and shall be signed by the Mayor and Chief of Police.
5. Police procedures.
a. A police office of the city, upon finding or having attention called to any person reasonable believe by such office to be a minor on a public place during curfew hours shall make reasonable inquiry of such person to determine if any of the exceptions in the section applies.
(1) If an exception applies, the police office shall make a reasonable inquiry of such minor to verify the circumstances of the applicable exception and obtain the name, address and telephone number of such minor and the minor’s parents. Said minor shall immediately be released by the police officer. The police officer shall make a written report of such incident to the Chief of Police. The officer or a designee of the Chief of Police shall verify the circumstances for the exception as reported by the minor to the police officer. If the information proved by the minor proves to be false, the Chief of Police shall cause to be personally delivered, or by certified mail, to a parent a written notice of said violation with a warning that a subsequent violation will result in full enforcement of this section, including enforcement of parental responsibility and applicable penalties.
(2) If none of the exceptions apply, the police officer shall take the minor to the police station or other place designated by the Chief of Police and a parent shall immediately be notified to come for such minor. This is intended to permanent ascertainment, under constitutional safeguards, or relevant facts and to centralize responsibility in the personnel then on duty for accurate, effective, fair, impartial and uniform enforcement, and recording, thus making available experienced supervisory personnel, the best of facilities and access to information and records. In the absence of convincing evidence as to the age of a minor, a police officer shall, in the first instance, use his or her best judgment in determining the minor’s age.
b. Police procedures shall constantly be refined in the light of experience and may provide that the police officer may deliver to a parent thereof a minor under appropriate circumstances.
c. In any event, such police officer shall, within 24 hours, file a written report with Chief of Police, said report shall be treated for purposes of juvenile records in accordance with state statutes. The written report shall include, as minimum, the name, address and telephone number of the minor under appropriate circumstances.
d. In any event, such police officer shall, within 24 hours, file a written report with the Chief of Police, said report shall be treated for purposes of juvenile records in accordance with state statutes. The written report shall include, as a minimum, the name, address and telephone number of the minor and parent, and a narrative summary of the events and circumstances relating to the minor’s presence on a public place during curfew hours.
e. When a parent, immediately called, has come to take charge of the minor, and the appropriate information has been recorded, the minor shall be released to the custody of such parent. If the parent cannot be located, or fails to take charge of the minor, then the minor shall be released to the juvenile authorities, or the minor may temporarily be entrusted to a relative, neighbor or other person who will, on behalf of apparent, assume the responsibility of caring for the minor pending the availability or arrival of a parent.
f. In the case of a first violation by the minor the Chief of Police shall cause to be hand delivered or by certified mail to a parent a written notice of said violation with a warning that any subsequent violation will result in full enforcement of this section, including enforcement of parental responsibility and of applicable penalties.
6. Penalty.
a. If, after the warning notice pursuant to subsection 5.f. above of a first violation by a minor, a minor further violates subsection 5. above, such offense shall constitute an offense by the minor’s parent or parents. The penalty upon a plea of guilty, nolo contendere, or finding of guilty shall be a fine not to exceed $200.
b. Any minor who violates subsection 5. above more than one time shall be reported to the juvenile authorities for treatment, supervision and rehabilitation of such minor.
(Ord. 14-01, passed 1-13-2014)