A. Findings And Purpose:
1. The City Council has determined that there has been an increase in juvenile crime by persons under the age of eighteen (18).
2. The increase in juvenile crime poses a danger to the health, safety and general welfare of the juveniles and the general public.
3. Juveniles are particularly vulnerable at nighttime hours to become victims of crime due to their inability to make critical decisions in a mature and experienced manner.
4. While parents or guardians have the primary responsibility to provide for the health, safety and welfare of juveniles, the City also has a substantial interest in the safety and welfare of juveniles. Moreover, the City has an interest in preventing juvenile crime, promoting parental supervision and providing for the well being of the general public.
5. A juvenile curfew seeks to regulate juvenile activities carried out at nighttime hours upon the streets and in public places and establishments where the risk of danger to juveniles can be the greatest.
6. A curfew for those under the age of eighteen (18) will be in the interest of the public health, safety and general welfare and will aid in attaining the foregoing objectives and to diminish the undesirable impact of such conduct on the citizens of the City. (Prior Code § 5-3-1)
B. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
EMERGENCY: A circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury or loss of life.
ESTABLISHMENT: Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
GUARDIAN: A legal guardian of a person under age eighteen (18) or a person eighteen (18) or older who has been authorized by the legal guardian or parent to supervise the person under age eighteen (18).
JUVENILE: A minor person under the age of eighteen (18). The term does not include persons under eighteen (18) who are married or have been legally emancipated.
MINOR: Any person under eighteen (18) years of age.
PARENT: A person who is a natural parent, adoptive parent, or stepparent of another person.
PROPRIETOR: Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
REMAIN: To loiter, linger, or stay or to fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
SERIOUS BODILY INJURY: A bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any body part or organ. (Prior Code § 5-3-2; amd. 2018 Code)
C. Age And Hour Restrictions:
1. Under Sixteen: It is unlawful for a juvenile under the age of sixteen (16) years to be present in any public place or establishment within the City at any time between ten o’clock (10:00) P.M. on each day of the week and five o’clock (5:00) A.M. of the following day. (Prior Code § 5-3-3)
2. Age Sixteen Or Seventeen: It is unlawful for a juvenile age sixteen (16) or seventeen (17) years to be present in any public place or establishment within the City at any time between eleven o’clock (11:00) P.M. on each day of the week and five o’clock (5:00) A.M. of the following day.
D. Prohibitions: It shall be unlawful for:
1. Any minor to remain in any public place or on the premises of any establishment within the City during curfew hours unless accompanied by a parent or legal guardian.
2. Any parent or guardian to permit or allow, either knowingly or by insufficient control, the minor to remain in any public place or on the premises of any establishment within the City during curfew hours unless accompanied by a parent or legal guardian.
3. A proprietor or any employee of an establishment to knowingly allow a minor to remain upon the premises of the establishment during curfew hours unless accompanied by a parent or legal guardian. (Prior Code § 5-3-4)
E. Exceptions:
1. Juveniles shall be exempt from the restrictions established by subsection D of this section when the juvenile can demonstrate that:
a. The juvenile was accompanied by his or her parent, guardian, or other responsible adult.
b. The juvenile was engaged in a lawful employment activity or was going to or returning home from his or her place of employment.
c. The juvenile was involved in an emergency situation.
d. The juvenile was going to, attending, or returning home from an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or a civic organization.
e. The juvenile was on an errand at the direction of a parent or guardian.
f. The juvenile was engaged in interstate travel.
g. The juvenile was on the public right-of-way boulevard or sidewalk abutting the property containing the juvenile's residence or abutting the neighboring property, structure, or residence.
h. The juvenile was exercising First Amendment rights protected by the United States Constitution or article I of the Constitution of the State of Minnesota.
2. A proprietor or employee shall be exempt from the restrictions established by subsection D3 of this section when the proprietor or employee can demonstrate that:
a. The proprietor or employee reasonably and in good faith relied upon a juvenile's representations of proof of age. Proof of age may be established pursuant to Minnesota Statutes section 340A.503, subdivision 6, or other verifiable means, including, but not limited to, school identification cards and birth certificates.
b. The proprietor or employee promptly notified the responsible law enforcement agency that a juvenile was present on the premises of the establishment during curfew hours. (Prior Code § 5-3-5)
F. Enforcement:
1. A law enforcement officer may not issue a citation, detain a juvenile or take a juvenile into custody based on a violation of subsection E of this section unless the law enforcement officer, after speaking with the juvenile and considering the facts and surrounding circumstances:
a. Reasonably believes that the juvenile has violated subsection E of this section; and
b. Reasonably believes that none of the exceptions in subsection E of this section apply.
2. Any juvenile apprehended while violating any of the restrictions of subsection D of this section shall be escorted home and placed in the custody of the juvenile's parent or guardian. (Prior Code § 5-3-6)
G. Penalties:
1. A violation of subsection D1 of this section shall be a petty offender pursuant to Minnesota Statutes section 260B.235.
2. A violation of subsection D2 or D3 of this section shall be a petty misdemeanor and will be subject to the penalty set forth in Minnesota Statutes section 609.03. (Prior Code § 5-3-7; amd. Ord. 2023-07, 9-25-2023)