(A) Purpose. The purpose of this section is to protect the public safety and welfare by requiring a curfew for juveniles.
(B) Findings. The City Council makes the following findings regarding the need to enact a juvenile curfew in the city.
(1) Increased juvenile criminal activity, juvenile gang activity and juvenile violence in the Twin Cities Metropolitan Area in recent years has taxed local law enforcement services and jeopardized the public safety.
(2) Increased rates of juvenile victimization in the Twin Cities Metropolitan Area in recent years has endangered the emotional and physical well-being and safety of juveniles.
(3) Because of their lack of maturity and experience, juveniles are particularly susceptible to participation in unlawful and gang-related activities.
(4) Juveniles are particularly vulnerable at nighttime hours to become victims of crime due to their inability to make critical decisions in a mature and experienced manner.
(5) A juvenile curfew seeks to minimize the dangers to which juveniles are subject when they are upon the streets and in public places and establishments unattended and unsupervised by adults at night time hours.
(6) A juvenile curfew seeks to regulate juvenile activities carried out at night time hours upon the streets and in public places and establishments where the risk of danger to juveniles can be the greatest.
(7) A juvenile curfew seeks to encourage parents and guardians of juveniles to supervise, control and know the whereabouts of their children during high-risk night time hours.
(8) A juvenile curfew seeks to reduce juvenile criminal activities and juvenile gang activities during night time hours when local law enforcement services are already taxed.
(9) A juvenile curfew seeks to diminish the undesirable impact juvenile unlawful conduct has on a community.
(C) 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. §§ 524.5-201 et seq., as they may be amended from time to time, who has the power and responsibilities of a parent as defined by M.S. § 524.5-102, as it may be amended from time to time.
JUVENILE. A person under the age of 18 years who is not married or who has not been legally emancipated.
PARENT. Birth parents, adoptive parents and stepparents.
PROPRIETOR. Any individual, firm, association, partnership or corporation operating, managing, owning 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, alleys, parking lots, parks and the common areas of libraries, schools, hospitals, apartment houses, office buildings, transport facilities, shopping malls and shops.
RESPONSIBLE ADULT. A person over the age of 18 years specifically authorized by the parent or guardian of the juvenile to have custody and control of the 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.
(D) Prohibited acts.
(1) Juveniles under the age of 12. It is unlawful for a juvenile under the age of 12 years to be present in any public place or establishment within the city:
(a) From 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 5:00 a.m. on the following day; and
(b) From 10:00 p.m. on any Friday or Saturday until 5:00 a.m. on the following day.
(2) Juveniles under the age of 15. It is unlawful for a juvenile under the age of 15 years to be present in any public place or establishment within the city:
(a) From 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 5:00 a.m. on the following day; and
(b) From 11:00 p.m. on any Friday or Saturday until 5:00 a.m. on the following day.
(3) Juveniles, age 15, 16 or 17 years of age. It is unlawful for a juvenile, age 15, 16 or 17, to be present in any public place or establishment within the city:
(a) From 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 5:00 a.m. on the following day; and
(b) From 12:01 a.m. to 5:00 a.m. on any Saturday or Sunday.
(4) Law enforcement officers. A law enforcement officer may not detain a juvenile beyond the time reasonably necessary for the law enforcement officer to investigate whether or not a violation occurred, issue a citation or take a juvenile into custody based upon a violation of this section unless the law enforcement officer, after speaking with the juvenile and considering the surrounding facts and circumstances, reasonably believes that the juvenile has violated this section and that none of the defenses set forth apply.
(5) Parents or guardians. It is unlawful for a parent or guardian of a juvenile to knowingly, or through negligent supervision, permit the juvenile to be in any public place or establishment within the city during the hours prohibited in this section.
(6) Proprietors. It is unlawful for a proprietor of an establishment within the city to knowingly permit a juvenile to remain in the establishment or on the property of the establishment during the hours prohibited in 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.
(E) Defenses.
(1) It is an affirmative defense for a juvenile to prove that:
(a) The juvenile was accompanied by his or her parent, guardian or other responsible adult;
(b) The juvenile was engaged in a lawful employment activity or was going to or returning from an employment activity without any detour or stop;
(c) An emergency situation existed;
(d) The juvenile was attending an official school, religious or other recreational activity supervised by adults and sponsored and/or supervised by a public entity, a civic organization, a religious organization or another similar entity that took responsibility for the juvenile, or was going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored and/or supervised by a public entity, a civic organization, a religious organization or another similar entity that took responsibility for the juvenile;
(e) The juvenile was on an errand at the direction of the juvenile’s parent or guardian without any detour or stop;
(f) The juvenile was exercising First Amendment rights protected by the United States Constitution or Art. I of the Constitution of the state;
(g) The juvenile was engaged in interstate travel; and/or
(h) The juvenile was on the public right-of-way, boulevard, alley or sidewalk abutting the juvenile’s residence or abutting the residence of his or her next-door neighbor.
(2) It is an affirmative defense for a proprietor of an establishment to prove that:
(a) The proprietor 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; and/or
(b) The proprietor promptly notified the responsible police agency that a juvenile was present on the premises of the establishment during curfew hours.
(Ord. 2009-13, passed 7-14-2009; Ord. 2015-02, passed 2-25-2015) Penalty, see § 130.99