The purpose of this chapter is to regulate the presence of juveniles on streets and other public places in the town during late-night hours. The town has a compelling interest in the regulation due to the increase of juvenile delinquency and vandalism in the town. It is a compelling interest and goal of the town to protect the public from the illegal acts of juveniles committed after the curfew hour and also to protect the juveniles from improper influences and criminal activity that occurs after the curfew hour. It is also the intent of this chapter to help parents control their children.
(Ord. 9.06, passed 1-16-2007)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CUSTODIAN. Any person over the age of 18 who is in loco parentis to a juvenile.
GUARDIAN. Any person other than a parent who has legal guardianship of a juvenile.
JUVENILE. Any person under the age of 18.
PARENT. The natural or adoptive parent of a juvenile.
PUBLIC PLACE. Any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. The PUBLIC PLACE shall include, but not be limited to, any school, store, shop, restaurant, tavern, bowling alley, café, theater, drugstore, pool room, shopping center, fairgrounds, ball fields and any other similar place, including the area immediately adjacent to the place.
TOWN. All area within one mile beyond the town limits.
(Ord. 9.06, passed 1-16-2007)
(A) It is unlawful for any person under the age of 18 years to idle, wander about with no specific destination, stroll, play, congregate or otherwise be present in any public place, either on foot or in a motor vehicle after the hour of 10:00 p.m. or before the hour of 5:30 a.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday, or after the hour of 11:00 p.m. or before 5:30 a.m. on any Friday or Saturday, unless accompanied by a parent, guardian or custodian. During the school summer break, it is unlawful for any person under the age of 18 years to idle, wander about with no specific destination, stroll, play, congregate or otherwise be present in any public place, either on foot or in a motor vehicle after the hour of 11:00 p.m. or before the hour of 5:30 a.m. on any Sunday, Monday, Tuesday, Wednesday, Thursday, Friday or Saturday.
(B) The foregoing aside, it shall not be a violation of this chapter for a juvenile to be present in a public place if the juvenile can establish that the presence is necessary to perform an errand or other specific activity at the direction of the juvenile’s parent, guardian or custodian or to travel in the most practical and expeditious route from one non-public place to another non-public place at the specific direction of the juvenile’s parent, guardian or custodian.
(C) Further, it shall not be a violation of this chapter for any juvenile to attend a scheduled job, volunteer work, a special function, or entertainment sponsored by any church, school, club or other organization if the juvenile can establish that the attendance is with the specific permission of the juvenile’s parent, guardian or custodian.
(D) This section does not apply to a minor who is:
(1) Accompanied by the minor’s parent or guardian;
(2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence; and
(7) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the town, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the town, a civic organization or another similar entity that takes responsibility for the minor.
(Ord. 9.06, passed 1-16-2007) Penalty, see § 132.99
It is unlawful for the parent, guardian or custodian of any juvenile to permit or suffer by negligent or inefficient control of the juvenile to violate any provision of this chapter. It shall not be a violation of this chapter for the parent, guardian or custodian of a juvenile to direct and permit the juvenile to be present in a public place for the purpose of carrying out a specific errand or other specific business activity or to participate in a specific activity of any church, school, club or organization, or to direct and permit a juvenile to travel from one nonpublic place to another nonpublic place by the most practical and direct route and means.
(Ord. 9.06, passed 1-16-2007) Penalty, see § 132.99
Law enforcement officers are directed to follow the following procedures in enforcing the ordinance codified in this chapter.
(A) A law enforcement officer, upon finding a juvenile in a public place during the prohibited hours, shall ascertain the name and address of the juvenile, shall warn the juvenile that he or she is in violation of this chapter, and shall direct the juvenile to proceed directly and at once to his or her home or usual place of abode. The law enforcement officer shall make a written record of the contact and warning and shall report the contact to the juvenile investigation section of the Police Department, which shall notify the parent, guardian or custodian of the juvenile by telephone or by letter.
(B) If a juvenile refuses to comply with the direction of the law enforcement officer, or refuses to give the law enforcement officer his or her correct name and address, or if the juvenile has been warned on a previous occasion, the juvenile shall be taken into custody. The parent, guardian or custodian of the juvenile shall be notified to come and take custody of the juvenile. If the parent, guardian or custodian cannot be located or fails or refuses to take custody of the juvenile, the juvenile shall be remanded to the juvenile authorities.
(Ord. 9.06, passed 1-16-2007)
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