(A) Curfew established. It shall be unlawful for any juvenile(s) under the age of 18 years to idle or loiter upon the streets or public places of the town between the following hours unless the child is accompanied by a parent(s), guardian(s) or some person(s) of lawful age having custody of the child:
(1) Between 10:00 p.m. and 5:00 a.m. on Sunday through Thursday; and
(2) Between 11:00 p.m. and 5:00 a.m. on Friday, Saturday, holidays and school intercession breaks.
(B) Parent(s)’ and guardian(s)’ responsibility. It is unlawful for the parent(s), guardian(s) or other adult person(s) having the care, custody or supervision of a juvenile(s) to permit the juvenile(s) to be, remain or loiter in, about or upon any place in the town away from the dwelling house or usual place of abode of the juvenile(s). The provisions of this section do not apply in the following situations:
(1) When the juvenile(s) is an emancipated minor;
(2) When the juvenile(s) is accompanied by the parent(s), guardian(s) or other adult person(s) having the care, custody or supervision of a juvenile(s);
(3) When the juvenile(s) is on reasonable legitimate and specific family business or while participating in an organized and bona fide school or community activity directed or permitted by the parent(s), guardian(s) or other adult person(s) having the care, custody or supervision of a juvenile(s); and
(4) When the juvenile(s) is involved in an emergency.
(C) Ignorance not a defense. It shall not constitute a defense that the parent(s), guardian(s) or other adult person(s) having the care, custody or supervision of a juvenile(s) did not have actual knowledge of the presence of the juvenile(s) in, about or upon any place in the town away from the dwelling house or usual place of abode of the juvenile(s), if the parent(s), guardian(s) or other adult person(s) having the care, custody or supervision of a juvenile(s), in the exercise of reasonable care and diligence, should have known of the aforementioned unlawful acts of the juvenile(s).
(D) Parent(s)’ or guardian(s)’ duties upon demand for custody. In addition to any other powers he or she may have, any law enforcement officer who arrests a juvenile(s) for violating any of the provisions of this section is also empowered to demand of the parent(s), guardian(s) or other adult person(s) having the care, custody or supervision of a juvenile(s), that the parent(s), guardian(s) or other adult person(s) having the care, custody or supervision of a juvenile(s) take the juvenile(s) into their custody. If the parent(s), guardian(s) or other adult person(s) having the care, custody or supervision of a juvenile(s) fails to respond and take custody or is unavailable, the officer shall then be empowered to take the juvenile home; provided, however, it shall be unlawful for any parent(s), guardian(s) or other adult person(s) having the care, custody or supervision of a juvenile(s) to willfully fail or refuse to take the juvenile(s) into custody after the demand is made upon the person(s).
(E) Violation, penalty.
(1) Any juvenile who shall violate the provisions of this section shall be guilty of a Class 3 misdemeanor, shall be subject to the fine provided in § 10.99 and the proceedings shall be taken in accordance with and pursuant to the juvenile code as contained in the A.R.S. §§ 8-201 et seq.
(2) Any parent(s), guardian(s) or other adult person(s) having the care, custody or supervision of a juvenile(s) who shall violate the provisions of this section shall be deemed guilty of a Class 3 misdemeanor and shall be subject to the penalties provided in § 10.99.
(Prior Code, Ch. 11, Art. III, § 11-61) (Ord. 196-95, passed 7-6-1995; Ord. 231-97, passed 2-8-1997) Penalty, see § 132.99
Statutory reference:
Penalty for violation of curfew ordinances by juveniles, see A.R.S. § 8-323(F)