A. Purpose: The purpose of this section is to promote the health and safety of minors and of the community in general by the establishment of a curfew to regulate the hours minors can be or remain upon the alleys, streets, other public places, and places of business and amusement in the city.
B. Definitions: For use in this section, the following terms are defined:
HABITUALLY VIOLATES: Any minor who has violated the provisions of this section more than two (2) times.
MINOR: Any person below the age of eighteen (18) years, not otherwise emancipated pursuant to law.
C. Curfew Hours: It is unlawful for any minor to be upon any of the alleys, streets, or public places or places of business and amusement in the city between the hours of eleven o'clock (11:00) P.M. and five o'clock (5:00) A.M. of the following day.
D. Responsibility Of Parents, Guardians And Businesses:
1. Parents And Guardians: It is unlawful for any parent, guardian or other person charged with the care and custody of any minor to allow or permit such minor to be in or upon any of the streets, alleys, places of business or amusement or other public places within the curfew hours set by subsection C of this section, except as otherwise provided in subsection E of this section.
2. Businesses: It is unlawful for any person, firm or corporation operating a place of business or amusement to allow or permit any minor to be in or upon any place of business or amusement operated thereby within the curfew hours set by subsection C of this section, except as provided in subsection E of this section. (Ord. 217, 7-8-1980)
E. Affirmative Defense: The restriction provided by subsection C of this section shall not apply to any minor who is accompanied by a guardian, parent or other person charged with the care and custody of such minor, or other responsible person over twenty one (21) years of age, nor shall the restriction apply to any minor who is traveling directly between his home or place of residence and: 1) his place of employment; or 2) the place where any library, official place of worship, municipal or school function is being held.
F. Violations; Penalties:
1. Adults: Any adult, firm or corporation violating the provisions of subsection D of this section shall be guilty of an infraction and, upon conviction, shall be subject to a fine as provided in section 1-4-1 of this code.
2. Minors: Any person violating the provisions of subsection D of this section who is a minor shall be within the curfew of and subject to the provisions of the juvenile corrections act, Idaho Code section 20-501 et seq., and shall be detained or otherwise dealt with pursuant to said act. (Ord. 217, 7-8-1980; amd. 2015 Code)