CHAPTER 4
MINORS
MINORS
SECTION:
6-4-1: Loitering Of Minors Between Fourteen And Eighteen Years Of Age Prohibited
6-4-2: Loitering Of Minors Under The Age Of Fourteen Years Prohibited
6-4-3: Responsibility Of Parents, Guardians, Or Other Adult Persons Who Have The Care And Custody Of A Minor
6-4-4: Exceptions
6-4-5: Violations And Penalties
It shall be unlawful for any minor who is fourteen, fifteen, sixteen, or seventeen years of age to loiter, idle, wander, stroll, or be present in or upon the public streets, avenues, alleys, highways, roads, parks, playgrounds or other public grounds, public places, public buildings, cafes, theaters and other places of amusement and entertainment, and vacant lots or other unsupervised places during the following times:
A. Between the hours of 12:30 o’clock A.M. and 6:00 o’clock A.M. of every day during the year. (Ord. 16-2, 7-5-2016; amd. Ord 16-2, 8-15-2022)
It shall be unlawful for any minor under the age of fourteen years to loiter, idle, wander, stroll, or be present in or upon the public streets, avenues, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, cafes, theatres and other places of amusement and entertainment, and vacant lots or other unsupervised places, between the hours of 10:30 O’clock P.M. and 6:00 o’clock A.M. on each and every day of the week. (Ord. 16-2, 7-5-2016; amd. Ord 16-2, 8-15-2022)
It shall be unlawful for a parent, guardian or other adult person having the care and custody of a minor to allow or permit a minor to violate the provisions of Section I and II hereinabove.
In any prosecution under this Section III it shall not constitute a defense thereto that the parent, guardian or other adult person having the care and custody of a minor did not have knowledge that such minor was in violation of the provisions of this ordinance. It is the intent of the City Council that minors should be in their homes during the proscribed hours hereinabove listed and that it is the duty of the parent, parents, guardians, foster parents and other adults having the care and custody of minors to insure that the minor is home unless the minor can establish to the satisfaction of a law enforcement officer that the minor has on his or her person a written permission which meets the requirements of this Ordinance. This part of the ordinance shall be enforced with strict liability and does not require knowledge, purpose or negligent proof for a conviction. (Ord. 16-2, 7-5-2016; amd. Ord 16-2, 8-15-2022)
Provided, however, that the provisions of Sections I and II shall not apply to a minor accompanied by his or her parent, guardian, foster parent, or other adult person having the care and custody of the minor, or when the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, foster parent, or other adult person having the care and custody of the minor.
Provided further that the provisions of Section I and II shall not apply to a minor while engaged in any gainful employment or occupation for his or her livelihood or part of his or her livelihood nor while traveling to and from such employment but shall not exceed more than one half hour going to or from such place of employment when so working.
Provided further, that any minor who is living with his parent, parents, guardian, foster parent or other adult person having the minor’s care and custody, shall have on his or her person a written permission signed by the parent, parents, guardian, foster parent or other adult person’s signature and which states with specificity the nature of the emergency on that particular day, legitimate business on that particular day, or place of employment including days worked and hours of employment. The stated reason shall be verifiable and reasonable. (Ord. 16-2, 7-5-2016; amd. Ord 16-2, 8-15-2022)
Each violation of the provisions of this Ordinance shall constitute a separate offense.
A minor violating the applicable provisions of this Ordinance shall be guilty of a misdemeanor and shall be dealt with in accordance with the laws of the State of Montana regarding crimes and offenses committed by juveniles being persons under the age of 18 years.
Any parent, parents, guardians, foster parents, or other adult persons having the care and custody of a minor violating the provisions of this Ordinance shall upon trial and conviction thereof shall be punished by a fine of not less than $50.00 or more than $500.00. Subsequent convictions within the same calendar year shall be fined a greater amount than a prior conviction in the same calendar year. (Ord. 16-2, 7-5-2016; amd. Ord 16-2, 8-15-2022)