A. Definitions: For the purposes of this section:
EMERGENCY: | An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life or property. |
GUARDIAN: | 1. A person who, under court order, is the guardian of the person of a minor; or 2. A public or private agency with whom a minor has been placed by the court. |
MINOR: | Any person under the age of sixteen (16) years. |
PARENT: | A person who is a natural parent or adoptive parent, or stepparent of a minor. |
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, transportation facilities and retail or service based commercial establishments. |
RESPONSIBLE ADULT: | A person at least eighteen (18) years of age, authorized by a parent or guardian to have the care and custody of a minor. |
B. Curfew For Minors: It shall be unlawful for any minor to be in or upon any street, highway, park, alley or other public place between the hours of eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M. the following morning. A minor shall not be considered in violation if such minor is:
1. Accompanied by a parent, guardian or responsible adult;
2. Engaged in a lawful pursuit or activity that requires the minor's presence in such public place and is authorized by the parent or guardian, without any detour or stop;
3. In a motor vehicle involved in interstate travel;
4. Engaged in an employment activity, or going to or returning home from an employment activity, without any stop or detour;
5. Involved in an emergency;
6. On the sidewalk abutting the minor's residence;
7. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city of Parma, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, recreational, or other activity supervised by adults and sponsored by the city of Parma, a civic organization, or another similar entity that takes responsibility for the minor.
C. Separate Violations: Each violation of this section shall constitute a separate offense.
D. Permitting Violation Of Curfew: It shall be unlawful for anyone having the legal care and custody of any minor, as described above, to allow or permit such person to go or be upon any public street, alley or other public place in the city as restricted in subsection B of this section, without having designated an adult person or said parent, guardian or other legal custodian to be with and supervise said minor, except in the circumstances set forth herein.
E. Authority Of Police To Detain: Every member of the police force, while on duty, is hereby authorized to detain any such minor wilfully violating the provisions of this section until the parent or guardian of the child shall take him or her into custody; but such officer shall immediately, upon taking custody of the child, communicate with the parent and guardian.
F. Violations By Parent, Guardian Or Legal Custodian: A violation of any of the provisions of this section by a parent, guardian or legal custodian is a misdemeanor and punishable as a misdemeanor pursuant to Idaho Code section 32-1301, as amended, with the following qualifications:
1. Upon the first offense of a parent, guardian or legal custodian for a violation of this section, the parent, guardian or legal custodian may be served with a copy of the ordinance as a warning of the penalties. Said service shall be documented by the officer.
2. If a person is found guilty of or pleads guilty to the offense of failure to supervise a child, the person shall be guilty of a misdemeanor and shall be subject to a fine of not more than one thousand dollars ($1,000). In lieu of imposing a fine, the court may, with the consent of the person, order the person to complete parenting classes or undertake other treatment or counseling, as approved by the court, and upon the person's completion of the classes, treatment or counseling to the satisfaction of the court, the court may discharge the person or if the person fails to complete the program to the satisfaction of the court, the court may impose the penalty provided in this section. Any person violating the orders of the court entered under this Section shall be subject to contempt proceedings in accordance with chapter 6, title 7, Idaho Code, in addition to any other penalties authorized pursuant to this Section.
G. Violations By Juveniles: Upon conviction of a violation of any provisions of this section, juveniles shall be punished in accordance with Idaho Code section 20-549, and the other applicable rules and regulations pertaining to juvenile offenders in the state.
H. Severability: Should any provision of this section be declared by a court of competent jurisdiction to be unconstitutional, unlawful or invalid, such decision should not affect the validity of this section in whole or in part thereof other than the part so declared to be unconstitutional, unlawful or invalid. (Ord. 514, 3-24-2003; amd. Ord. 601, 10-1-2019)
A. Any person who is the parent, lawful guardian with legal and physical custody or other person, except a foster parent, lawfully charged with the care or custody of a child under sixteen (16) years of age commits the offense of failure to supervise a child if the child:
1. Commits an act bringing the child within the purview of the juvenile corrections act, chapter 5, title 20, Idaho Code, or commits a crime for which the child is required to be tried as an adult, or for which jurisdiction under the juvenile corrections act is subject to waiver pursuant to chapter 5, title 20, Idaho Code; or
2. Fails to attend school or is not comparably instructed, as provided in section 33-202, Idaho Code; or
3. Violates curfew as established under section 9-4-1B above. (1959 Code §6-118; amd. 1990 Code; Ord. 601, 10-1-2019)