(A) This curfew for minors within the city is being implemented for four primary reasons:
(1) To protect the public from illegal acts of minors committed after the curfew hour;
(2) To protect minors from improper influences that prevail after the curfew hour;
(3) To protect minors from criminal activity that occurs after the curfew hour; and
(4) To help parents and legal guardians control their minor children.
(B) Pursuant to M.S. § 260.111, as it may be amended from time to time, a parent, guardian, or custodian of a child who is subject to the jurisdiction of the juvenile court is also subject to the jurisdiction of the juvenile court in any manner in which that parent, guardian, or custodian has a right to notice under M.S. §§ 260.135 and 260.141 or the right to participate under M.S. § 260.155, as they may be amended from time to time.
(C) 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. This includes, but is not 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.
PLACES OF ENTERTAINMENT, AMUSEMENT OR REFRESHMENT. These places include, but are not limited to movie theaters, pinball arcades, shopping malls, amusement parks, restaurants and bowling alleys.
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 cannot 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.
SUPERVISED VOLUNTARY ASSOCIATION. Includes scouts, 4-H, community leagues, fraternal and social clubs or other community events. Examples of community events include, but shall not be limited to the following: dances, community celebrations and carnivals.
(D) It shall be unlawful for any person under the age of 16 years to be on or present in any public street, avenue, alley, park or other public grounds or building, place of amusement, entertainment or refreshment, vacant lot or any other unsupervised place within the city between the hours of 10:00 p.m. Sunday through Thursday, other than evenings preceding legal holidays, and 6:00 a.m. of the following day, and between the hours of 11:00 p.m. Friday, Saturday and the day preceding a legal holiday and 6:00 a.m. of the following day unless:
(1) The minor is accompanied by his or her parent, guardian, or other adult person having the primary care and custody of the minor or one exercising temporary supervision over the minor;
(2) The minor is returning home by direct route from and within 30 minutes after the conclusion of a school activity, or an activity of a religious or supervised voluntary association;
(3) The minor is in a place or returning home from the place connected with and required by some legitimate business, trade, profession or occupation in which the minor is permitted by law to be engaged;
(4) The minor is in a motor vehicle with parental consent for normal travel with intercity travel to, through or from any city within Scott and LeSueur County being excepted in all cases from the curfew; or
(5) The minor is on an emergency errand.
(E) It shall be unlawful for any person under the age of 18 years and over the age of 16 years to be on any public street, avenue, alley, park or other public grounds or building, place of amusement, entertainment or refreshment, vacant lot or any other unsupervised place within the city between the hours of 11:00 p.m. Sunday through Thursday, other than evenings preceding legal holidays, and 6:00 a.m. of the following day and between the hours of 12:30 a.m. Friday, Saturday and the day preceding a legal holiday, and 6:00 a.m. of the following day unless:
(1) The minor is accompanied by his or her parent, guardian, or other adult person having the primary care and custody of the minor or one exercising temporary supervision over the minor;
(2) The minor is returning home by direct route from and within 30 minutes after the conclusion of a school activity, or an activity of a religious or supervised voluntary association;
(3) The minor is in a place or returning home from a place connected with and required by some legitimate business, trade, profession or occupation in which the minor is permitted by law to be engaged;
(4) The minor is in a motor vehicle with parental consent for normal travel with intercity travel to, through or from any city within Scott and LeSueur County being excepted in all cases from the curfew; or
(5) The minor is on an emergency errand.
(F) It shall be unlawful for any parent, guardian or other person having the legal custody and control of a minor under the age of 18 years to knowingly or negligently permit the minor to violate the provisions of divisions (A) through (D) above.
(G) Divisions (A) through (D) above are not to be construed to give a minor the right to stay out until the curfew hours designated herein if otherwise directed by a parent, guardian or other adult person having the primary care and custody of the minor; nor should it be construed to diminish or impair the control of the adult person having primary care or custody of the minor.
(H) It shall be unlawful for any person operating or in charge of amusement, entertainment or refreshment, or any other place of business to permit any minor under the age of 18 years to loiter, loaf or idle in the place during the hours prohibited by divisions (A) through (D).
(I) Whenever the owner or person in charge or in control of any place of amusement, entertainment, refreshment, or other place of business shall find persons under the age of 18 years loitering, loafing or idling in the place of business, he or she shall immediately order the person to leave, and if the person refuses to leave the place of business, the operator shall immediately notify the police department and inform them of the violation.
(J) This section shall not be construed as permitting the presence at any time of any person under the age of 18 years in any place where his or her presence is now prohibited by an existing law or ordinance.
(Ord. 180, passed - - ) Penalty, see § 130.99