(A) Purpose. The Council has determined that a curfew for minors is necessary to promote the public health, safety, morals and general welfare of the city and specifically to achieve the following purposes:
(1) Reinforce the primary authority and responsibility of adults responsible for minors;
(2) Protect the public from the illegal acts of minors committed individually and in groups and/or gangs after the curfew hour; and
(3) Protect minors from improper influences and criminal activity by individuals and groups and/or gangs that prevail in public places after the curfew hour.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
KNOWINGLY. Knowledge which a responsible adult should reasonably be expected to have concerning the whereabouts of a minor in that responsible adult’s custody. It is intended to continue to hold the neglectful or careless adult responsible for a minor to a reasonable community standard of adult responsibility through an objective test. It is, therefore, no defense that an adult responsible for a minor was completely indifferent to the activities or conduct or whereabouts of the minor.
MINOR. Any unemancipated person under the age of 18 years.
NONSECURED CUSTODY. Custody in an unlocked multipurpose area, such as a lobby, office or interrogation room which is not designed, set aside or used as a secure detention area, and the person arrested is not physically secured during the period of custody in the area; the person is physically accompanied by a peace officer or a person employed by the facility where the person arrested is being held; and the use of the area is limited to providing nonsecured custody only while awaiting transfer to an appropriate juvenile facility or to court, for contacting of and release to the person’s parents or other responsible adult or for other administrative purposes; but not for longer than six hours without the oral or written order of a judge or magistrate authorizing the detention. A judge shall not extend the period of time in excess of six hours beyond the initial six-hour period.
PUBLIC PLACE. Includes shopping areas, parking lots, parks, playgrounds, streets, alleys and sidewalks dedicated to public use; and also includes parts of buildings and other premises whether publicly or privately owned which are used by the general public or to which the general public is invited commercially for a fee or otherwise; or in or on which the general public is permitted without specific invitation; or to which the general public has access.
RESPONSIBLE ADULT. A parent, guardian or other adult specifically authorized by law or authorized by a parent or guardian to have custody or control of a minor.
UNEMANCIPATED. Unmarried and/or still under the custody or control of a responsible adult.
(C) Curfew established. A curfew applicable to minors is established and shall be enforced as follows:
(1) Unless accompanied by a responsible adult, no minor 17 years of age or under shall be in any public place during the following times:
Sunday through Thursday | 10:30 p.m. through 6:00 a.m. each day |
Friday and Saturday | 11:30 p.m. through 6:00 a.m. each day |
(D) Exceptions. The following are exceptions to the juvenile curfew:
(1) The minor is accompanied by a responsible adult;
(2) When the minor is on the sidewalk or property where the minor resides;
(3) The minor is present at or is traveling between home and one of the following exceptions, allowing reasonable travel time for events outside of the city:
(a) Minor’s place of employment, within one hour after the end or before the beginning of work;
(b) Minor’s place of religious activity, within one hour after the end or before the beginning of the religious activity;
(c) Governmental or political activity, within one hour after the end or before the beginning of the activity;
(d) Professional entertainment, with proof of attendance, within one hour after the end of the activity;
(e) School activity, within one hour after the end or before the beginning of the activity; and
(f) Assembly such as a march, protest, demonstration, sit-in or meeting of an association for the advancement of economic, political, religious or cultural matters, or for any other activity protected by the First Amendment of the U.S. Constitution, within one hour after the end or before the beginning of the assembly, association meeting or other activity protected by the First Amendment.
(4) The minor is on an emergency life, property or medical errand for a responsible adult; and
(5) The minor’s business, trade or occupation, in which the minor is permitted by law to be engaged, requires the presence of the minor in a public place.
(E) Responsibility of adults. It is unlawful for any responsible adult to allow a minor to be in any public place in the city within the time periods prohibited by this section unless the minor’s presence falls within one of the above exceptions.
(F) Enforcement procedures.
(1) Determination of age. In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate or driver’s license, a peace officer on the street shall, in the first instance, use his or her best judgment in determining age.
(2) Grounds for arrest; conditions of custody. Grounds for arrest are that the person refuses to sign the citation without qualification; persists in violating the regulations; refuses to provide proper identification or to identify himself or herself; or constitutes an immediate threat to the person’s own safety or to the safety of the public. A law enforcement officer who arrests a minor for a curfew violation may keep the minor in custody either in a shelter care facility or in any non-secured setting. The officer shall not place bodily restraints, such as handcuffs, on the minor unless the minor physically resists or threatens physical violence when being taken into custody. A minor shall not be placed in detention following a curfew violation, unless pursuant to an order of the court.
(3) Notification of responsible adult. After a minor is taken into custody, the law enforcement officer shall notify the adult responsible for the minor as soon as possible. The minor shall be released to the adult responsible for the minor upon the promise of the person to produce the child in court at a time as the court may direct. If a minor is issued a citation to appear for a violation of this section, a law enforcement officer shall notify the adult responsible for the minor within such reasonable time as is necessary to ensure the responsible adult has adequate time to arrange the minor’s appearance in court.
(4) Citation of responsible adult. On the first offense of any particular minor, the responsible adult shall be notified in accordance with division (3) above. On any subsequent offense of any particular minor, the responsible adult commits a municipal infraction under § 10.99 of the code of ordinances and may be cited for each separate offense under that section.
(1999 Code, § 46.01) (Ord. 2601, passed 12-11-2018) Penalty, see §
134.99