(a) Loitering Prohibited. No minor under eighteen years of age shall loiter, idle, wander, stroll or play in and upon public streets, highways, roads, alleys, parks and playgrounds or other public grounds, public places or buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours from dusk to dawn during the months of June, July and August, and from 9:00 p.m. to dawn during the months of September to May, except in the lighted area of Roxbury Park.
(Ord. 4530. Passed 4-11-90.)
(b) Responsibility of Parents and Guardians. No parent, guardian or other adult person having the care, custody or supervision of a minor under the age of eighteen years shall permit such minor to violate subsection (a) hereof when such parent, guardian or other adult person knows or should have known that such minor would violate subsection (a) hereof.
(c) Exceptions. This section shall not apply to a minor accompanied by his or her parent, guardian or other adult person having the care, custody or supervision of the minor, or where the minor is on an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care, custody or supervision of the minor.
(d) Parent's Liability. Any parent, guardian or other adult person having the care, custody or supervision of a minor under the age of eighteen years, which minor is found liable or is adjudged guilty by a court of competent jurisdiction of a willful, tortious act resulting in injury to peace officers or other public employees enforcing this section, or of theft, destruction or loss of public property, shall be liable to the public officer or other person enforcing this section who suffers the injury and shall be liable for theft, destruction or loss caused to public property to the extent hereinafter set forth.
(e) Criminal and Juvenile Court Proceedings; Civil Judgment.
(1) In any proceeding of a criminal nature against a minor, and in any proceeding against a minor in a juvenile court, under this section, the court shall ascertain the amount sufficient to fully reimburse any public officer or other person enforcing this section for injury suffered to his or her person, or sufficient to reimburse the Federal, State, County or City Government for theft, destruction or loss of public property, because of a willful, tortious act of the minor, and shall direct the parent, guardian or other adult person having the care, custody and supervision of the minor to make payment of such amount, subject to the limitation set forth in subsection (f) hereof. If such parent, guardian or other adult person fails to comply with the direction of the court, the amount may be recovered in an action of assumpsit against such parent, guardian or other adult person.
(2) If a judgment has been rendered against a minor for injury to a public officer or other person enforcing this section, or for theft, destruction or loss of public property, because of a willful, tortious act of the minor, in a civil proceeding, and such judgment has not been satisfied within thirty days, the City Solicitor may petition the Court for a rule to show cause why judgment should not be entered against the parent, guardian or other adult person having the care, custody and supervision of the minor. Such parent, guardian or other adult person may file an answer to the petition, and if there is any dispute as to unlitigated facts, the case shall be set down for trial. If there is no dispute as to unlitigated facts, the court shall authorize the entry of judgment against the parent, guardian or other adult person, but in no case shall the judgment against the parent, guardian or other adult person exceed the limitations set forth in subsection (f) hereof.
(f) Limitations of Liability.
(1) The liability of a parent, guardian or other adult person having the care, custody and supervision of a minor, under this section, shall be limited to three hundred dollars ($300.00) for injury to a public officer or other person enforcing this section, or for theft, destruction or loss of public property suffered as a result of one willful, tortious act or a continuous series of willful, tortious acts.
(2) The liability of a parent, guardian or other adult person, having the care, custody and supervision of a minor, for injury to a public officer or other person enforcing this section, shall be limited to one thousand dollars ($1,000), regardless of the number of such officers or other persons who suffer injuries to their persons.
(3) If the actual loss, as ascertained by the court, or the judgment against the minor, exceeds the amounts set forth in paragraphs (f)(1) and (2) hereof, the parent, guardian or other adult person shall be discharged from further liability by the payment of three hundred dollars ($300.00) or one thousand dollars ($1,000), as the case may require, into the court. The court shall cause all aggrieved parties to submit itemized statements of loss in writing and shall make distribution proportionately, whether the claims are for injuries to persons enforcing this section or for theft, destruction or loss of public property.
(4) The limitation on liability set forth in paragraphs (f)(1), (2) and (3) hereof shall be applicable when two or more minors of the same parent, guardian or other adult person engage jointly in the commission of one willful, tortious act or a series of willful, tortious acts.
(g) Common Law Liability. The liability imposed on a parent, guardian or other adult person under this section shall not limit the common law liability of the parent, guardian or other adult person for damages caused by such minor and shall be separate and apart from any such liability which may be imposed upon the minor. No liability shall be imposed upon a parent, guardian or other adult person under this section if, at the time of commission of the willful, tortious act, such parent, guardian or other adult person has neither the care, custody or supervision of the minor nor is entitled to the care, custody and supervision of the minor, or if the minor is institutionalized or emancipated. No parent, guardian or other adult person shall be absolved of liability due to the parent's discretion of a minor. Any judgment against a minor resulting from a willful, tortious act for which a parent, guardian or other adult person having the care, custody and supervision of the minor makes payment under this section shall be reduced by the amount paid by the parent, guardian or other adult person. The parent, guardian or other adult person shall have no indemnity against the minor and in no case shall there be a double recovery for one injury.
(Ord. 3938. Passed 2-29-72.)