A. Minors Prohibited In Public Places; Responsibility Of Parents And Guardians:
1. Under Sixteen; Nighttime: It is unlawful for any minor under the age of sixteen (16) years to loiter or remain in any public place within the city between the hours of ten o'clock (10:00) P.M. and five o'clock (5:00) A.M. of the following day, except as provided under subsection B of this section.
2. Sixteen Or Older; Nighttime: It is unlawful for any minor sixteen (16) years of age or older to loiter or remain in any public place within the city between the hours of twelve o'clock (12:00) midnight and five o'clock (5:00) A.M., except as provided under subsection B of this section.
3. Minors Subject To Compulsory Education; Daytime: It is unlawful for any minor subject to compulsory education to loiter or remain in any public place, any restricted dwelling, or any unsupervised place within the city between the hours of eight thirty o'clock (8:30) A.M. and two o'clock (2:00) P.M. on any day when school is in session for that minor.
4. Minors Subject To A Compulsory Alternative Education Program; Daytime: It is unlawful for any minor subject to a compulsory alternative education program to loiter or remain in any public place, any restricted dwelling, or any unsupervised place within the city between the hours of eight thirty o'clock (8:30) A.M. and two o'clock (2:00) P.M. on any day when that minor would otherwise be required to attend a regular compulsory education school.
5. Parents, Guardians: It is unlawful for any parent, guardian or other person having legal care and custody of any minor dealt with respectively in subsections A1 through A4 of this section to permit or allow, whether wilfully or by exercise of insufficient parental control, any such minor to remain or loiter in any public place or in any other restricted place, except as provided in subsections B and C of this section.
B. Defenses; Nighttime Curfew: It shall be a defense to a violation of subsections A1 and A2 of this section, that at the time the minor was stopped by a police officer, the minor was:
1. A minor, fourteen (14) years or older, emancipated by marriage.
2. Accompanied by the minor's parent, guardian or other adult person having the care, custody or supervision of said minor.
3. In a motor vehicle involved in interstate travel.
4. On an errand at the direction of the minor's parent or guardian, without detour or stop.
5. Acting in response to an emergency.
6. On a sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence.
7. Engaged in a lawful employment activity or going to or returning home from such an employment activity without any detour or stop.
8. Returning home from, going to or being in attendance at any religious or school function, organized dance, theater, sport event or other such associational activity; provided, however, that going to or from such activity shall be by a direct route and within a reasonable time of the commencement or termination of such event.
C. Defenses; Daytime Curfew: It shall be a defense to a violation of subsections A3 and A4 of this section, that the minor:
1. Was accompanied by the minor's parent or guardian;
2. Was in a motor vehicle involved in interstate travel;
3. Was on an errand at the direction of the minor's parent or guardian, without detour or stop;
4. Was acting in response to an emergency;
5. Was going to, or returning directly from, a medical or dental appointment;
6. Has permission to leave the school campus for lunch or any school-approved activity;
7. Was attending, or without any detour or stop, was going to, or returning from, a school-approved, recreational or educational activity, supervised by adults, and sponsored by the local school district, another school district, or any civic, religious or other government organization;
8. Was going to, or returning directly from, a compulsory alternative education program activity;
9. Was going to, or returning directly from, the minor's place of school-approved employment;
10. Has been granted an exemption for "home schooling" as prescribed by the local board of education; or
11. Has been otherwise granted an exemption to compulsory education by the local board of education, under section 53A-11-102, Utah Code Annotated, as amended, or any successor provision.
D. Enforcement Procedures:
1. Before taking any enforcement action under the provisions of this section, a peace officer shall ask the apparent offender's age and reason for being in the public place or other restricted place.
2. The peace officer shall not take enforcement action under this section if the officer has reasonable cause to believe that any defense under subsection B or C of this section applies.
3. Upon any violation of subsection A3 or A4 of this section:
a. A peace officer may take the minor into temporary custody and/or issue a citation to the minor.
b. If the peace officer takes the minor into temporary custody, the peace officer, without unreasonable delay, shall:
(1) Transport the minor to the school from which the minor is absent, releasing the child to the principal or other designated school official;
(2) Release the minor to any other individual who has been designated by the local school board to receive and return the minor to school; or
(3) Transport and release the minor to a receiving center established and designated by the local school board.
c. If the minor refuses to return to the school or go to the receiving center, or the peace officer is unable to otherwise release the minor to the appropriate school official or designated receiving center, as provided in subsection D3b of this section, the peace officer may release the minor to the minor's parent or guardian, and shall notify the appropriate school officials of the violation. If a parent or guardian cannot be reached or is unable or unwilling to accept custody, the minor shall be referred to the division of child and family services, in the manner required under state law.
4. If cited, the minor shall appear, along with a parent or guardian, in a teen court of the applicable school or in juvenile court, as directed in the citation.
5. A parent or guardian shall not be cited for a violation of subsection A5 of this section, unless the minor in question was previously cited for a violation of this section and the parent or guardian was warned or advised by a peace officer, school official, receiving center, or court official of such violation.
E. Definitions: For purposes of this section:
EMERGENCY: An unforeseen circumstance or circumstances or the resulting situation that calls for immediate action to prevent serious bodily injury or loss of life. 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.
ESTABLISHMENT: Any privately owned place of business to which the public is invited, including, but not limited to, any place of amusement, entertainment, or recreation.
LOITER: To idle, linger, wander, stroll, walk, drive, or ride aimlessly about.
MINOR: Persons under the age of eighteen (18).
PUBLIC PLACE: 1. Any place to which the public or a substantial group of the public has access, including, but not limited to, public streets, open private streets, highways, sidewalks, alleys, parks, playgrounds, public buildings and appurtenant open spaces and parking lots, vacant lots, or other public places.
2. The common areas of any establishment, including, but not limited to, entryways and parking lots.
REMAIN: To linger or stay, or fail to leave a public place when requested to do so by a police officer or the person in control of the public place.
RESTRICTED DWELLING: Any dwelling not the current residence of the minor, except it shall not include another dwelling if a parent or guardian has left the minor under the care and supervision of an adult resident of such dwelling due to illness or injury of the minor.
SCHOOL APPROVED: An approval evidenced by a valid, school issued, off-campus permit in the possession of the minor, or other written or verbal indication of approval by an appropriate school official.
UNSUPERVISED PLACE: Any private place, not a dwelling, unsupervised by an adult.
F. Violation; Penalty:
1. A violation of this section is a class B misdemeanor, subject to the penalties provided under title 1, chapter 4 of this code.
2. A minor adjudicated in violation of this section shall receive a minimum fine of fifty dollars ($50.00), which minimum fine is not intended to be in limitation of any other penalty, probation, community service, or other fine greater than fifty dollars ($50.00), which may be imposed by the court.
(Ord. 2000-58, 10-24-2000)