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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)
(A) The town does not intend a result that is absurd, impossible to execute or unreasonable.
(B) It is intended that the curfew ordinance codified in this chapter be held inapplicable in cases, if any, where its application would be unconstitutional. Constitutional construction is intended and shall be given.
(C) The town does not intend to violate the Constitution of the state or the Constitution of the United States of America.
(Ord. 9.06, passed 1-16-2007)