(A) Purpose. The curfew for minors established by this section is maintained for four primary reasons:
(1) To protect the public from illegal acts of minors committed during the curfew hours;
(2) To protect minors from improper influences that prevail during the curfew hours, including involvement with gangs;
(3) To protect minors from criminal activity that occurs during the curfew hours; and
(4) To help parents control their minor children.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY ERRAND. A task that if not completed promptly, threatens the health, safety, or comfort of the minor or a member of the minor's household. Includes, but shall not be limited to, seeking urgent medical treatment, seeking urgent assistance from law enforcement or fire department personnel, and seeking shelter from the elements or urgent assistance from a utility company due to a natural or man-made calamity.
OFFICIAL CITY TIME. The time of day as determined by police dispatcher.
PLACES OF AMUSEMENT, ENTERTAINMENT, OR REFRESHMENT. Those places that include, but are not limited to, movie theaters, pinball arcades, shopping malls, nightclubs catering to minors, restaurants, and pool halls.
PRIMARY CARE OR CUSTODY. The person who is responsible for providing food, clothing, shelter, and other basic necessities to the minor. The person providing primary care or custody to the minor shall not be another minor.
SCHOOL ACTIVITY. An event which has been placed on a school calendar by public or parochial school authorities as a school sanctioned event.
(C) Curfew shall be imposed as follows.
(1) Tier one. Youths, 15 years old through 17 years old on weeknights, Sunday through Thursday: 11:00 p.m., weekend nights, Fridays and Saturdays: 12:30 a.m. During summer, June 1 through August 31 (same as weekend nights): 12:30 a.m. All times are official time.
(2) Tier two. Youths, 12 years old through 14 years old on weeknights, Sunday through Thursday: 10:00 p.m., weekend nights, Fridays and Saturdays: 11:00 p.m. During summer, June 1 through August 31 (same as weekend nights): 11:00 p.m. All times are official time.
(3) Tier three. Youths, 11 years old and under, all nights, weekdays and weekends as well, 10:00 p.m., official time.
The effective period of the curfew as it relates to any given day shall be as hereinbefore prescribed from the initial effective time thereof until 5:00 a.m., official time, the following day.
(D) Effect on control by adult responsible for minor. Nothing in this section shall be construed to give a minor the right to stay out until the curfew hours designated in this section if otherwise directed by a parent, guardian, or other adult person having the primary care and custody of the minor; nor shall this section be construed to diminish or impair the control of the adult person having the primary care or custody of the minor.
(E) Exceptions. The provisions of this section shall not apply in the following situations:
(1) To a minor accompanied by his or her parent(s) or guardian, or other adult person having the primary care and custody of the minor;
(2) To a minor who is upon an emergency errand at the direction of his or her parent(s), guardian, or other adult person having the primary care and custody of the minor;
(3) To a minor who is in any of the places described in this section, if in connection with or as required by an employer engaged in a lawful business, trade, profession, or occupation; or to a minor traveling directly to or from the location of such business trade, profession, or occupation and the minor's residence. Minors who fall within the scope of this exception shall carry written proof of employment and proof of the hours the employer requires the minor's presence at work.
(4) To a minor who is participating in or traveling directly to or from an event which has been officially designated as a “school activity” by public or parochial school authorities; or who is participating in or traveling directly to or from an official activity supervised by adults and sponsored by the city, a civic organization, school, religious institution, or similar entity that takes responsibility for the minor and with the permission of the minor's parent(s), guardian, or other adult person having the primary care and custody of the minor.
(5) To a minor who is passing through the city in the course of interstate travel during the hours of curfew.
(6) To a minor who is attending or traveling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly, or freedom of religion. Minors who wish to exercise their rights pursuant to this exception shall notify the city at least 24 hours in advance of the start of the gathering or event where the rights are to be exercised.
(7) To minors on the sidewalk abutting his or her residence or abutting the residence of a next-door neighbor if the neighbor does not complain to the city's designated law enforcement provider about the minor's presence.
(8) To a minor who is married or has been married, or is otherwise legally emancipated.
(F) Duties of person legally responsible for minor. No parent, guardian, or other adult having the primary care or custody of any minor shall permit any violation of the requirements of this section by the minor.
(G) Duties of other persons. No person operating or in charge of any place of amusement, entertainment, or refreshment shall permit any minor to enter or remain in his or her place of business during the hours prohibited by this section unless the minor is accompanied by his or her parent(s), guardian, or other adult person having primary care or custody of the minor, or unless one of the exceptions to this section apply.
(H) Penalties.
(1) Minors. Any minor found to be in violation of this section shall be sent a letter with a copy to his or her parents, indicating the nature of the violation. For second and subsequent violations, any minor found to be in violation of this section may be adjudicated delinquent and shall be subject to the dispositional alternatives set forth in M.S. § 260.185, as amended.
(2) Adults. Any adult person found to be in violation of this section shall be guilty of a misdemeanor and may be sentenced up to the maximum penalty authorized by state law for a misdemeanor.
(I) Defense. It shall be a defense to prosecution under this section that the owner, operator, or employee of an establishment promptly notified the city's designated law enforcement provider that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(Prior Code, §§ 3.20 - 3.22) (Ord. 278, passed 10-15-90; Am. Ord. 370, passed 5-8-00; Am. Ord. 433, passed 2-12-07) Penalty, see § 130.99