46.01  CURFEW.
   The Council has determined that a curfew for minors is necessary to promote the public health, safety, morals and general welfare of the City and specifically to reinforce the primary authority and responsibility of adults responsible for minors; to protect the public from the illegal acts of minors committed after the curfew hour; and to protect minors from improper influences and criminal activity that prevail in public places after the curfew hour.
   1.   Definitions.  For use in this section, the following terms are defined:
      A.   "Emergency errand" means, but is not limited to, an errand relating to a fire, a natural disaster, an automobile accident or any other situation requiring immediate action to prevent serious illness, bodily injury, or loss of life.
      B.   "Minor" means any unemancipated person under the age of eighteen (18) years.
      C.   "Nonsecured custody" means custody in an unlocked multipurpose area, such as a lobby, office or interrogation room which is not designed, set aside or used as a secure detention area, and the person arrested is not physically secured during the period of custody in the area; the person is physically accompanied by a law enforcement officer or a person employed by the facility where the person arrested is being held; and the use of the area is limited to providing nonsecured custody only while awaiting transfer to an appropriate juvenile facility or to court, for contacting of and release to the person's parents or other responsible adult or for other administrative purposes; but not for longer than six (6) hours without the oral or written order of a judge or magistrate authorizing the detention.  A judge shall not extend the period of time in excess of six hours beyond the initial six-hour period.
      D.   "Public place" includes stores, parking lots, parks, playgrounds, streets, alleys and sidewalks dedicated to public use; and also includes such parts of buildings and other premises whether publicly or privately owned which are used by the general public or to which the general public is invited commercially for a fee or otherwise; or in or on which the general public is permitted without specific invitation; or to which the general public has access.  For purposes of this section, a vehicle or other conveyance is considered to be a public place when in the areas defined above.
      E.   "Responsible adult" means a parent, guardian or other adult specifically authorized by law or authorized by a parent or guardian to have custody or control of a minor.
(Ord. 11-07 - July 11 Supp.)
   2.   Curfew Established.  A curfew applicable to minors is established and shall be enforced as follows:
      A.   Under Age 16.  It is unlawful for any minor under the age of 16 years to remain in or upon any public place in the City between the hours of 10:30 p.m. and 5:00 a.m. of the following day.
      B.   Age 16 and 17.  It is unlawful for any minor 16 or 17 years of age to be or remain in or upon any public place in the City between the hours of 12:00 midnight and 5:00 a.m. of the following day.
   3.   Exceptions.  The following are exceptions to the curfew:
      A.   The minor is accompanied by a responsible adult.
      B.   The minor is on the sidewalk or property where the minor resides or on either side of the place where the minor resides and the responsible adult has given permission for the minor to be there.
      C.   The minor is present at or is traveling between home and one of the following:
         (1)   Minor’s place of employment in a business, trade or occupation in which the minor is permitted by law to be engaged or, if traveling, within one hour after the end or before the beginning of work;
         (2)   Minor’s place of religious activity or, if traveling, within one hour after the end or before the beginning of the religious activity;
         (3)   Governmental or political activity or, if traveling, within one hour after the end or before the beginning of the activity;
         (4)   School activity or, if traveling, within one hour after the end or before the beginning of the activity;
         (5)   Assembly such as a march, protest, demonstration, sit-in or meeting of an association for the advancement of economic, political, religious or cultural matters, or for any other activity protected by the First Amendment of the U.S. Constitution guarantees of free exercise of religion, freedom of speech, freedom of assembly or, if traveling, within one hour after the end or before the beginning of the activity.
      D.   The minor is on an emergency errand for a responsible adult;
      E.   The minor is engaged in interstate travel through the City beginning, ending or passing through the City when such travel is by direct route.
   4.   Responsibility of Adults.  It is unlawful for any responsible adult to fail to exercise reasonable control of a minor that permits or allows the minor to be in any public place in the City within the time periods prohibited by this section, unless the minor's presence falls within one of the above exceptions.
(Ord. 11-07 - July 11 Supp.)
   5.   Enforcement Procedures.
      A.   Determination of Age.  In the absence of convincing evidence of the age of the minor, such as a birth certificate, driver’s license or other government-issued identification, a law enforcement officer encountering a person who he or she suspects of violating this chapter as a minor shall use his or her best judgment in determining age.
      B.   Grounds for Arrest; Conditions of Custody.  Grounds for arrest are that the person refuses to sign the citation without qualification; persists in violating the ordinance; refuses to provide proper identification or to identify himself or herself; or constitutes an immediate threat to the person’s own safety or to the safety of the public.  A law enforcement officer who arrests a minor for a curfew violation may keep the minor in custody either in a shelter care facility or in any nonsecured setting.  The officer shall not place bodily restraints, such as handcuffs, on the minor unless the minor physically resists or threatens physical violence when being taken into, or while in, custody.  A minor shall not be placed in detention following a curfew violation, unless the officer refers the minor to Juvenile Court Services for other charges or a judge has entered an order allowing the child to be placed in detention.
      C.   Notification of Responsible Adult.  After a minor is taken into custody, the law enforcement officer shall notify the responsible adult as soon as possible.  The minor shall be released to the responsible adult upon the promise of such person to produce the child in court at such time as the court may direct.
      D.   Minor Without Adult Supervision.  If a law enforcement officer determines that a minor does not have adult supervision because the law enforcement officer cannot locate the minor’s parent, guardian or other person legally responsible for the care of the minor, within a reasonable time, the law enforcement officer shall attempt to place the minor with an adult relative of the minor, an adult person who cares for the child or another adult person who is known to the child.
   6.   Penalties.
      A.   Responsible Adult's First Violation.  Any responsible adult as defined in this section who permits or allows the minor to violate any of the provisions of this section is guilty of a simple misdemeanor.  The fine for a first violation shall be $65. In lieu of issuing a criminal citation, the law enforcement officer may, by certified mail, send to the responsible adult, written notice of the violation with a warning that any subsequent violation will result in full enforcement of the curfew ordinance against both the responsible adult and minor, with applicable penalties.
      B.   Responsible Adult's Second or Subsequent Violation.  Any responsible adult as defined in this section who, following receipt of a warning or citation for a first violation, permits or allows the minor to violate any of the provisions of this section is guilty of a municipal infraction or a simple misdemeanor.
      C.   Minor's First Violation.  In the case of a first violation by a minor, the minor is guilty of a simple misdemeanor. The fine for a first violation shall be $65. In lieu of issuing a criminal citation, the law enforcement officer may give the minor a written warning, which states that any subsequent violation will result in full enforcement of the curfew ordinance against the responsible adult and the minor, with applicable penalties.
      D.   Minor's Second or Subsequent Violation.  For the minor's second and subsequent violations of any of the provisions of this section, the minor is guilty of a municipal infraction or a simple misdemeanor.
      E.   If the minor is placed in a shelter care facility, any costs incurred by the City as a result of such placement shall be reimbursed to the City. The Court may enter an order of restitution for such costs against the responsible adult in a criminal proceeding under this section or a personal judgment for such costs against the responsible adult in a civil action under this section.
(Ord. 11-07 - July 11 Supp.)