(A) Findings and purpose.
(1) In recent years, there has been a significant increase in juvenile victimization and crime. At the same time, the crimes committed by and against juveniles have become more violent. A significant percentage of juvenile crime occurs during curfew hours.
(2) Because of their lack of maturity and experience, juveniles are particularly susceptible to becoming victims of older perpetrators. The younger the person is, the more likely he is to be a victim of crime.
(3) While parents have the primary responsibility to provide for the safety and welfare of juveniles, Columbia Heights also has a substantial interest in the safety and welfare of juveniles. Moreover, the City of Columbia Heights has an interest in preventing juvenile crime, promoting parental supervision, and providing for the well being of the general public.
(4) An updated and enforceable curfew ordinance will reduce juvenile victimization and crime and will advance public safety, health, and general welfare.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY. A circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury, or loss of life.
ESTABLISHMENT. Any privately owned place of business to which the public is invited, including but not limited to, any place of amusement, entertainment, or refreshment.
GUARDIAN. An adult appointed pursuant to M.S. §§ 525.6155 or 525.6165, as they may be amended from time to time, who has the powers and responsibilities of a parent as defined by M.S. § 525.619, as it may be amended from time to time.
JUVENILE. A person under the age of 18. The term does not include persons under 18 who are married or have been legally emancipated.
PARENT. Birth parents, adopting parents, and step parents.
PROPRIETOR. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
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.
RESPONSIBLE ADULT. A person over the age of 18 specifically authorized by law or by a parent or guardian to have custody and control over a juvenile.
SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any body part or organ.
(C) Prohibited acts.
(1) It is unlawful for a juvenile under the age of 16 to be present in any public place or establishment within the city.
(a) Any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. on the following day.
(b) Any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day.
(2) It is unlawful for a juvenile, age 16 or 17 to be present in any public place or establishment within the city:
(a) Any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. the following day.
(b) Any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday.
(3) It is unlawful for a parent or guardian of a juvenile knowingly, or through negligent supervision, to permit the juvenile to be in any public place or establishment within the city during the hours prohibited in subsections (1) and (2).
(4) (a) It is unlawful for a proprietor of an establishment within the city to knowingly permit a juvenile to remain in the establishment's property during the hours prohibited in subsections (1) and (2).
(b) If the proprietor is not present at the time of the curfew violation, the responding officers shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail.
(D) Defenses.
(1) It is an affirmative defense for a juvenile to prove that:
(a) The juvenile was accompanied by his parent, guardian, or other responsible adult.
(b) The juvenile was engaged in a lawful employment activity or was going to or returning from his place of employment.
(c) The juvenile was involved in an emergency situation.
(d) The juvenile was going to, attending, or returning home from an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or civic organization.
(e) The juvenile was on an errand at the direction of a parent or guardian.
(f) The juvenile was exercising First Amendment rights protected by the United States Constitution or Article I of the Constitution of the State of Minnesota.
(g) The juvenile was engaged in interstate travel.
(h) The juvenile was on the public right-of-way, boulevard or sidewalk abutting the property containing the juvenile's residence or abutting a neighboring property, structure, or residence.
(2) It is an affirmative defense for a proprietor of an establishment to prove that:
(a) The proprietor or employee reasonably and in good faith relied upon a juvenile's representations of proof of age. Proof of age may be established pursuant to M.S. § 340A.503, subd. 6, as it may be amended from time to time, or other verifiable means, including but not limited to, school identification cards and birth certificates.
(b) The proprietor or employee promptly notified the city Police Department that a juvenile was present on the premises of the establishment during curfew hours.
(E) Penalty. Violation of this section is a misdemeanor.
(Ord. 1301, passed 7-10-95)