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 a person is, the more likely they are to be a victim of crime.
3. While parents have the primary responsibility to provide for the safety and welfare of juveniles, Cottage Grove also has a substantial interest in the safety and welfare of juveniles. Moreover, Cottage Grove has an interest in preventing juvenile crime, promoting parental supervision, and providing for the well-being of the general public.
4. A City-wide curfew will reduce juvenile victimization and crime and will advance public safety, health, and general welfare.
B. Definitions: The following words, terms, and phrases when used in this Chapter shall have the meaning ascribed to them in this Section except where the context clearly indicates 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 Minnesota Statutes Section 524.5-201 who has the powers and responsibilities as defined by Minnesota Statutes Section 524.5-207.
JUVENILE: A person under the age of seventeen (17). The term does not include persons under seventeen (17) who are married or have been legally emancipated.
PARENT: Birth parents, adoptive parents, and stepparents.
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 eighteen (18) specifically authorized by law or by a parent or guardian to have custody and control of a juvenile.
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 body part or organ.
C. Prohibited Acts:
1. It is unlawful for a juvenile under the age of twelve (12) to be present in any public place or establishment within Cottage Grove:
a. Any time between nine o’clock (9:00) P.M. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and five o’clock (5:00) A.M. of the following day.
b. Any time between ten o’clock (10:00) P.M. on any Friday or Saturday and five o’clock (5:00) A.M. on the following day.
2. It is unlawful for a juvenile, from ages twelve (12) through fourteen (14), to be present in any public place or establishment within Cottage Grove:
a. Any time between ten o’clock (10:00) P.M. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and five o’clock (5:00) A.M. of the following day.
b. Any time between eleven o’clock (11:00) P.M. on any Friday or Saturday and five o’clock (5:00) A.M. on any Saturday or Sunday of the following day.
3. It is unlawful for a juvenile, ages fifteen (15) and sixteen (16), to be present in any public place or establishment within Cottage Grove:
a. Any time between eleven o’clock (11:00) P.M. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and five o’clock (5:00) A.M. of the following day.
b. Any time between one (1) minute after twelve o’clock (12:01) A.M. and five o’clock (5:00) A.M. on any Saturday or Sunday.
4. 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 Cottage Grove during the hours prohibited in subsection C.1, C.2 or C.3 of this Section.
5. It is unlawful for a proprietor of an establishment within Cottage Grove to knowingly permit a juvenile to remain in the establishment or on the establishment’s property during the hours prohibited in subsection C.1, C.2 or C.3 of this Section.
If the proprietor is not present at the time of the curfew violation, the responding officer 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. Juveniles: It is an affirmative defense for a juvenile to prove that:
a. The juvenile was accompanied by their parent, guardian, or other responsible adult.
b. The juvenile was engaged in a lawful employment activity or was going to or returning home from their 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 a 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 1 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 the 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 Minnesota Statutes Section 340A.503, subdivision 6, or other verifiable means, including, but not limited to, school identification cards and birth certificates.
b. The proprietor or employee promptly notified the responsible police agency that a juvenile was present on the premises of the establishment during curfew hours.
E. Violation; Penalty:
1. Violation of subsection C.1, C.2 or C.3 of this Section will be prosecuted pursuant to Washington County Ordinance No. 125, as it may be amended from time to time, and will be subject to the penalties therein.
2. Violation of subsection C.4 or C.5 of this Section is a misdemeanor.
F. Authority to Arrest: Any member of the police force is authorized to arrest, with or without warrant any person or persons observed to be violating the provisions of this Section, and they shall notify, as soon as reasonably possible, the parents, guardian or person having legal custody of any minor so arrested.
G. Application of Other Laws: This Section shall not be construed as permitting the presence at any time of any person under the age of eighteen (18) years in any place where their presence is now prohibited by an existing law or ordinance.