(A) Purposes and findings.
(1) The City Council finds and determines that there has been an increase in juvenile violence and crime by juveniles in the city.
(2) Juveniles are particularly susceptible by their lack of maturity and experience to participate in unlawful activities, including gang-related activity, and to be victims of older perpetrators of crime.
(3) Because of the foregoing, special and extenuating circumstances presently exist within the city that require special regulation of juveniles within the city in order to protect them and other persons during the nighttime hours, to aid in crime prevention, to promote parental supervision and authority over minors and to decrease juvenile crime rates.
(4) In accordance with prevailing community standards, this section serves to regulate the conduct of minors in public places during nighttime hours, to be effectively and consistently enforced for the protection of juveniles from each other and from other persons, in public places during nighttime hours, for the enforcement of parental control of, authority over and responsibility for their children, for the protection of the general public from nighttime mischief by juveniles, for the reduction in the incidents of juvenile criminal activities, for the furtherance of family responsibility and for the public good, safety and welfare.
(5) It is the intent of the City Council to review and evaluate the need and effect of nighttime curfew for juveniles set forth in this section on the incidents of juvenile criminal activity and protection of juveniles against criminal activity.
(B) Authority. This section is enacted pursuant to the authority granted under M.S. §§ 145A.05 and 412.231, as they may be amended from time to time.
(C) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED ADULT. Any person who is at least 18 years of age and authorized by a parent or guardian to have custody and control of a juvenile.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster or automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
JUVENILE. A person under the age of 18 years. The term does not include persons under 18 who are married or have been legally emancipated.
PARENT. Any person having legal custody of a juvenile as natural parent, adoptive parent or step-parent; as a legal guardian; or as a person to whom legal custody has been given by order of the court.
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, roadways, parks, public recreation, entertainment or civic facility, schools and the common areas of hospitals, apartment houses, office buildings, transport facilities and shops.
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 bodily member or organ.
(D) Prohibited acts.
(1) It is unlawful for juveniles under the age of 13 years to be present in any public place within the city:
(a) Any time between 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday, and 5:00 a.m. of the following day; and
(b) Any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m. the following day.
(2) It shall be unlawful for juveniles who are at least 13, but less than 15 years of age to be present in any public place within the city:
(a) Any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday and 5:00 a.m. of the following day; and
(b) Any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day.
(3) It shall be unlawful for juveniles who are at least 15, but less than 18, years of age to be in any public place within the city:
(a) Any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday and 5:00 a.m. of the following day, except that between Memorial Day and Labor Day of each calendar year for a juvenile age 17, the hours shall be 12:01 a.m. to 5:00 a.m. for the days noted; and
(b) Any time between 12:01 a.m. and 5:00 a.m. on any Friday or Saturday.
(4) It shall be unlawful for a parent or authorized adult of a juvenile to knowingly, or through negligent supervision, to habitually permit such juvenile to be in any public place within the city during the hours prohibited by divisions (D)(1), (D)(2) and (D)(3) above, under circumstances not constituting an exception to this section as set forth herein. The term KNOWINGLY includes knowledge which a parent or authorized adult shall reasonably be expected to have concerning the whereabouts of a juvenile under such person’s care.
(5) It shall be unlawful for any person operating or in charge of any place of amusement or refreshment which is open to the public to knowingly and habitually permit any juvenile to be in such place during the, hours prohibited by divisions (D)(1), (D)(2) and (D)(3) above, under circumstances not constituting an exception to this section as set forth herein. The term PERSON OPERATING shall mean any individual, firm, association, partnership or corporation operating, managing or conducting any such establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
(E) Exceptions.
(1) The following shall constitute valid exceptions to the operation of the curfew:
(a) At any time, if a juvenile is accompanied by his or her parent or an authorized adult;
(b) At any time, if a juvenile is involved in, or attempting to remedy, alleviate or respond to an emergency;
(c) If the juvenile is engaged in a lawful employment activity, or is going to or returning home from his or her place of employment;
(d) If the juvenile is attending an official school, religious or other social or recreational activity supervised by adults or sponsored by a city or the county, a civic organization or another similar entity that takes responsibility for the juvenile;
(e) If the juvenile is going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults or sponsored by a city or the county, a civic organization or another similar entity that takes responsibility for the juvenile;
(f) If the juvenile is on an errand as directed by his or her parent, without any detour or stop;
(g) If the juvenile is engaged in interstate travel;
(h) If the juvenile is on the public right-of-way, boulevard or sidewalk abutting the juvenile’s residence or abutting the neighboring property, structure or residence;
(i) If the juvenile is exercising First Amendment rights protected by the United States Constitution (or those similar rights protected by Art. I of the Minnesota Constitution), such as free exercise of religion, freedom of speech and the right of assembly; or
(j) If the juvenile is homeless or uses a public or semi-public place as his or her usual place of abode.
(2) It is an affirmative defense to prosecution under division (D)(5) above that:
(a) The owner, operator or employee of an establishment promptly notify the Police Department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave; and
(b) The owner, operator or employee reasonably and in good faith relied on 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.
(F) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in a public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that no exception set forth in division (E) above is applicable.
(G) Continuing review and evaluation. The City Attorney and City Clerk-Administrator shall prepare and submit a report annually to the City Council evaluating violations of this section and the criminal activity by and against juveniles within the city during the preceding year. The first report shall be submitted six months after the effective date of this section, being 9-12-1996.
(Prior Code, § 130.05) (Ord. 581, passed 9-3-1996) Penalty, see § 130.99