ORDINANCE NO. 1418
AN ORDINANCE OF THE CITY OF POST FALLS, KOOTENAI COUNTY, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, REPEALING MUNICIPAL CODE CHAPTER 9.28 AND ADOPTING A NEW CHAPTER 9.28 TO REGULATE OFFENSES COMMITTED BY OR AGAINST JUVENILES INCLUDING CURFEW VIOLATIONS, FAILING TO PICK UP A JUVENILE, AND RUNNING AWAY AND PROVIDING THAT VIOLATIONS ARE AN INFRACTION PUNISHABLE BY A FINE OF $150; PROVIDING THAT REMAINING SECTIONS OF POST FALLS CITY CODE SHALL REMAIN IN EFFECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW.
   
   WHEREAS, the Mayor and City Council finds that regulating the activities of juveniles and offenses against juveniles is necessary to protect the health, welfare, and safety of the City of Post Falls; and
   
   WHEREAS, after recommendation of the Post Falls Prosecutor and the Post Falls Chief of Police, it is deemed by the Mayor and City Council to be in the best interests of the citizens of the City of Post Falls that the following be adopted.
 
   NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Post Falls as follows:
 
   SECTION 1. That Post Falls Municipal Code Chapter 9.28 is hereby repealed, and a new Chapter 9.28 is adopted to read as follows:
 
CHAPTER 9.28
OFFENSES BY OR AGAINST JUVENILES
 
9.28.010: AUTHORIZATION:
 
This chapter is enacted pursuant to the city's general police power under Article VIII, Section 2 of the Idaho Constitution and Sections 50-301 and 50-302 of the Idaho Code.
 
9.28.020: PURPOSE:
 
This Chapter is adopted to provide police power regulations for offenses committed by or against Juveniles. 
 
9.28.030: DEFINITIONS:
 
For the purpose of this chapter, the following terms have the following meanings:
 
Curfew Hours: The hours between twelve o'clock (12:00) midnight and five o'clock (5:00) A.M.
 
Emergency: An unforeseen combination of circumstances or the resulting state 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, automobile accident, or any other situation requiring immediate action to prevent serious bodily injury or loss of life.
 
Guardian:  For the purposes of this Chapter, a Guardian is:
 
   A.  A person, who, under court order, is the legal guardian of a Juvenile; or
 
   B.  A public or private agency with whom a Juvenile has been placed by a court;
   
   C.  An adult who is authorized by a Parent or legal guardian to have care and custody of a Juvenile.
 
Juvenile:  Any person less than eighteen (18) years of age, except for persons emancipated by either marriage or by court order.
 
Parent:  A Juvenile’s natural parent, stepparent, or adoptive parent.
 
Private Property Open To The Public:  Real property not owned by the federal government or the state of Idaho or any of its political subdivisions that is available for vehicular traffic or parking by the public or customers of the business.
 
Public Place:  Any place where members of the public, or substantial groups of the public, are entitled to access including, but not limited to, streets, highways, common areas within schools, apartment houses, office buildings, retail stores/complexes, recreational facilities, and shops.
 
9.28.040: CURFEW ESTABLISHED:
 
A.  Curfew Violation.  It is unlawful for any Juvenile to be in any Public Place or Private          Property Open to the Public during Curfew Hours
 
B.  Curfew Exceptions.  The provisions of this section do not apply when the Juvenile is:
 
  1.  With Parents/Guardian.  Accompanied by the Juvenile'sParent or Guardian.
 
  2.  With Permission/Errand.  On an errand at the direction of the Juvenile's Parent or Guardian
without any unauthorized detour, delay or stop or otherwise acting with the permission of the
Juvenile’s Parent or Guardian;
 
  3.  Travel.  In a motor vehicle involved in interstate travel;
 
  4.  Employment.  Engaged in an employment activity, or going to or returning home from an
  employment activity, without any unauthorized detour, delay or stop;
 
  5.  Emergency.  Involved in an Emergency;
 
  6.    School or Other Function.  Attending an official school, religious, recreational, or other
  activity supervised by adults and sponsored by the city of Post Falls, a civic organization, or another similar entity that takes responsibility for the Juvenile, or going to or returning home from such activity, without any unauthorized detour, delay or stop;
 
  7.  First Amendment Rights.  Exercising first amendment rights protected by the United States
  Constitution, such as the right of free exercise of religion, freedom of speech, and the right of
  assembly, or going to or returning from such activity, without any unauthorized detour, delay, or
  stop; or
 
 
9.28.050: FAILURE TO PICK UP JUVENILE:
 
It is unlawful for any Parent or Guardian to refuse to immediately pick up or take charge of a Juvenile upon notification by a law enforcement officer of the need to pick up the Juvenile at a designated location. 
 
9.28.060:  RUNAWAYS PROHIBITED:
 
It is unlawful for any Juvenile to voluntarily leave the residence of their Parent or Guardian located with the boundaries of the city of Post Falls without the permission of their Parent or Guardian and without the intent to return. 
 
9.28.070: PENALTIES:
 
A person who violates any provision of this chapter is guilty of an infraction punishable by a fine of $150.  Violations of Section 9.28.040 are subject to the provisions of Idaho Code § 20-549.  A person violating the provisions of this chapter may also be subject to the provisions of Title 20, Chapter 5 Idaho Code (The Juvenile Corrections Act).   
 
   SECTION 2. All provisions of the current Post Falls Municipal Code or ordinances of the City of Post Falls and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict.
 
SECTION 3.  Neither the adoption of this ordinance nor the repeal of any ordinance shall, in any manner, affect the prosecution for violation of such ordinance committed prior to the effective date of this ordinance or be construed as a waiver of any license or penalty due under any such ordinance or in any manner affect the validity of any action heretofore taken by the City of Post Falls City Council or the validity of any such action to be taken upon matters pending before the City Council on the effective date of this ordinance.
 
SECTION 4. The provisions of this ordinance are severable and if any provision, clause, sentence, subsection, word, or part thereof is held illegal, invalid, or unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this ordinance or their application to other persons or circumstances.  It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal, invalid, or unconstitutional provision, clause sentence, subsection, word, or part had not been included therein, and if such person or circumstance to which the ordinance or part thereof is held inapplicable had been specifically exempt therefrom. 
 
SECTION 5. After its passage and adoption, a summary of this Ordinance, under the provisions of the Idaho Code, shall be published once in the official newspaper of the City of Post Falls, and upon such publication shall be in full force and effect.
 
   Passedunder suspension of rules upon which a roll call vote was duly taken and duly enacted an Ordinance of the City of Post Falls at a regular session of the City Council on July ___ 2021.
 
 
APPROVED, ADOPTED and SIGNED this 20th day of July, 2021.
 
               
 
                     _________________________________
                         Ronald G. Jacobson, Mayor
 
ATTEST:
 
______________________________
Shannon Howard, City Clerk
 
 
SUMMARY OF POST FALLS ORDINANCE NO. 1418
 
AN ORDINANCE OF THE CITY OF POST FALLS, KOOTENAI COUNTY, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, REPEALING MUNICIPAL CODE CHAPTER 9.28 AND ADOPTING A NEW CHAPTER 9.28 TO REGULATE OFFENSES COMMITTED BY OR AGAINST JUVENILES INCLUDING CURFEW VIOLATIONS, FAILING TO PICK UP A JUVENILE, AND RUNNING AWAY AND PROVIDING THAT VIOLATIONS ARE AN INFRACTION PUNISHABLE BY A FINE OF $150; PROVIDING THAT REMAINING SECTIONS OF POST FALLS CITY CODE SHALL REMAIN IN EFFECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW.
 
The City of Post Falls, Kootenai County Idaho hereby gives notice of the adoption of Post Falls Ordinance No. 1418, which establishes regulations and $150 infraction penalties for curfew violations, running away and failing to pick up juveniles; providing repeal of conflicting ordinances and providing severability.  The ordinance is effective upon publication of this summary. The full text of Ordinance No. 1418 is available at Post Falls City Hall, 408 Spokane Street, Post Falls, ID 83854 in the office of the City Clerk.  Dated this 20th day of July, 2021.
 
                     ___________________________________
                     Shannon Howard, City Clerk
STATEMENT OF LEGAL ADVISOR
   I, Warren J. Wilson, the legal advisor for the City of Post Falls, I have examined the attached summary of Ordinance No. 1418, which establishes regulations and $150 infraction penalties for curfew violations, running away and failing to pick up juveniles, and find it to be a true and complete summary of said ordinance and provides adequate notice of the contents to the public.
 
Dated this 20th day of July, 2021.
 
                     _____________________________________
                     Warren J. Wilson, City Attorney