A. Definitions: For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings given herein:
CITY: The city of Perkins, Payne County, Oklahoma.
MINOR: Any person under the age of eighteen (18).
PARENT: Any person having legal custody of a minor: 1) as a natural or adoptive parent; 2) as a legal guardian; 3) as a person who stands in loco parentis; or 4) as a person to whom legal custody has been given by order of the court.
PUBLIC PLACE: Any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A public place shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore, poolroom, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.
REMAIN: To stay behind, loiter, to tarry and to stay unnecessarily upon the streets.
STREET: A way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel or, in the case of a sidewalk thereof, for pedestrian travel. The term street includes the legal right of way, including, but not limited to, the cartway or traffic lanes, the curb, the sidewalk, whether paved or unpaved, and any grass plots or other grounds found within the legal right of way of a street.
TIME OF NIGHT: Referred to here is based upon the prevailing standard of time, whether Central Standard Time or Central Daylight Saving Time, generally observed at that hour by the public.
YEAR OF AGE: Continues from one birthday, such as the seventeenth to (but not including the day of) the next, such as the eighteenth birthday, making it clear that seventeen (17) or less years of age is herein treated as equivalent to the phrase "under eighteen (18) years of age". (2010 Code § 16-49)
B. Curfew Hours Specified: It shall be unlawful for any minor to remain, idle, wander, stroll or play in any public place, either on foot or to cruise about without a set destination in any vehicle in, about or upon any place in the city between the hours of eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M. (Ord. 439, 11-10-2015)
C. Responsibility Of Owners Of Public Places: It shall be unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors under the age of eighteen (18) during the hours referred to in subsection B of this section. (2010 Code § 16-51)
D. Parent Responsibility: It shall be unlawful for the parent, guardian or other adult person having custody or control of any minor under the age of eighteen (18) to suffer or permit, or by inefficient control to allow, such person to be on the streets or sidewalks or on or in any public property or public place within the city during the hours referred to in subsection B of this section. (2010 Code § 16-52)
E. Exceptions: In the following exceptional cases, a minor on a city street during the nocturnal hours for which subsection B of this section is intended to provide the maximum limits of regulation shall not, however, be considered in violation of this section:
1. When accompanied by a parent of such minor.
2. When accompanied by an adult authorized by a parent of such minor to take said parent's place in accompanying said minor for a designated period of time and purpose within a specified area.
3. When exercising first amendment rights protected by the United States constitution, such as the free exercise of religion, freedom of speech and the right of assembly. Such minor shall evidence the bona fides of such exercise by possessing a written communication, signed by such minor and countersigned by a parent of such minor, with their home address and telephone number, specifying when and where and in what manner said minor will be on the streets at night in the exercise of a first amendment right specified in such communication.
4. In case of reasonable necessity, but only if the minor has in said minor's possession a written communication signed by the minor, countersigned by a parent of such minor evidencing their home address and telephone number, and establishing such reasonable necessity relating to specified streets at a designated time for a described purpose, including point of origin and destination.
5. When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next door neighbor not communicating an objection to the police officer.
6. When returning home, by a direct route from, and within thirty (30) minutes of the termination of, a school activity, or an activity of a religious or voluntary association; provided, the minor has a written communication in the minor's possession, countersigned by the parent indicating the home address and telephone number, the purpose for the event, when, where and in what manner said minor will be on the streets at night.
7. When the minor carries a certified card of employment, briefly identifying the minor, the addresses of his home and his place of employment and his hours of employment, or carries a valid proof of employment which may include the latest payroll receipt not over thirty (30) days old.
8. When the minor is, with parental consent, in a motor vehicle. This contemplates normal travel. This clearly exempts bona fide interstate movement through the city, particularly on normal routes. (2010 Code § 16-53)
F. Procedures:
1. A police officer of the city, upon finding or having attention to any minor on the streets in prima facie violation of this section, normally shall take the minor to the city police station, or other place designated by the chief of police, where a parent shall immediately be notified to come for such minor, whereupon they shall be interrogated. This is intended to permit ascertainment, under constitutional safeguards, of relevant facts, and to centralize responsibility in the personnel then on duty for accurate, effective, fair, impartial and uniform enforcement.
2. In any event, such police officer shall, within twenty four (24) hours, file a written report with the chief of police, or shall participate to the extent of the information for which he is responsible. Said report shall be treated for purposes of juvenile records in accordance with state statutes.
3. When a parent, immediately called, has come to take charge of the minor, and the appropriate information has been recorded, the minor shall be released to the custody of such parent. If the parent cannot be located, or fails to take charge of the minor, then the minor shall be released to the juvenile authorities, except to the extent that in accordance with police regulations, approved in advance by juvenile authorities, the minor may temporarily be entrusted to a relative, neighbor or other person who will, on behalf of a parent, assume the responsibility of caring for the minor pending the availability or arrival of a parent. (2010 Code § 16-54)
G. Penalty: Any minor violating the provisions of this section shall be dealt with in accordance with the juvenile court law and procedure. Any parent, guardian, or other adult person having the care and custody of a minor, who after the warning notice given pursuant to subsection F of this section, has a second or further violation by a minor, such parent violates this section, which violation shall be treated as an offense by the parent. The penalty shall be as provided in section 1-4-1 of this code. (2010 Code § 16-55; amd. 2012 Code)