A. Definitions: For the purpose of this Section, the following terms shall have the meanings respectively ascribed to them in this Section:
CUSTODIAN: Any person over the age of twenty one (21) years who is in loco parentis to a minor, including an adult authorized by a parent or guardian of a minor to take the parent's place in accompanying the minor for a designated period of time and purpose within a specified area.
DURING SCHOOL TERM: That period of time when the Pryor school system convenes in August or September and continues until school is completed in May of the following year.
GUARDIAN: Any person other than a parent who has legal guardianship of a minor, or the state or any department thereof which has legal custody of a minor.
MINOR: Any person under the age of eighteen (18).
PARENT: The natural or adoptive parent of a minor.
STREET: A way or place of any nature open to the use of the public as a matter of right for purpose 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 sidewalks whether paved or unpaved, and any grass plots or other grounds found within the legal right of way of a street. The term street applies irrespective of what it is called or formally named, whether avenue, alley, court, highway, road or otherwise.
SUMMER: The period of time that school is out in May until school reconvenes in August or September. (1988 Code § 10-413)
B. Time Of Curfew Specified 1 : Except as authorized herein, it is unlawful for any minor to remain, wander, stroll or play in any street on foot, or to cruise about without a set destination in any vehicle in, about or upon any street in the city at night during the period ending at six o'clock (6:00) A.M. and beginning at:
1. For minors fourteen (14) years of age or less, ten o'clock (10:00) P.M., Sunday through Thursday and eleven o'clock (11:00) P.M. Friday and Saturday evenings during school terms;
2. For minors fifteen (15) through seventeen (17) years of age, at eleven o'clock (11:00) P.M. Sunday through Thursday evenings and twelve o'clock (12:00) midnight on Friday and Saturday evenings during the school terms;
3. For minors fourteen (14) years of age or less, at eleven o'clock (11:00) P.M. during the summer;
4. For minors fifteen (15) through seventeen (17) years of age, at twelve o'clock (12:00) midnight during the summer. (Ord. 95-8, 12-19-1995)
C. Exceptions: It is not unlawful for any minor to be on a street during the hours specified in subsection B of this section if:
1. The minor is accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor; (1988 Code § 10-413)
2. The minor is on an emergency errand or activity directed by his/her parent, guardian or other adult person having the care and custody of the minor in a case of reasonable necessity, such as going after medical supplies; (Ord. 2000-3, 10-3-2000)
3. Where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation, and going to or returning from employment;
4. 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;
5. When the minor is on the sidewalk of the place where such minor resides;
6. When returning home within forty five (45) minutes of the termination of school activity, or an activity of a religious or other voluntary association; or
7. When the minor is in interstate travel.
D. Parent, Guardian Responsibility: It is unlawful for any parent, guardian, custodian or other adult person having custody or control of any minor to knowingly suffer or permit or by inefficient control to allow such person to be on any public place within the city between the hours of curfew designated in subsection B of this section. "Knowingly" includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of a minor in that person's custody. The provisions of this subsection do not apply if:
1. The minor is legally on the street pursuant to subsection C of this section; or
2. The parent, guardian or other adult person herein has made a missing person notification to the police department.
It is no defense that a parent, guardian or custodian was indifferent to the activities or conduct or whereabouts of a minor.
E. Special Events: The city council may permit by resolution or motion procedures for advance notice or registration with the city of special events or functions sponsored by churches, schools, clubs or other organizations which require minors to be out at a later time. The city council may also prescribe the procedures for taking into custody minors found in violation of this section.
F. Duty Of Offices Upon Violation: A police officer of the city, upon finding or having attention called to any minor on the streets in prima facie violation of this section normally shall take the minor to the city police station, where a parent shall immediately be notified to come for such minor, whereupon they shall be interrogated. This procedure is intended to permit ascertainment, under constitutional safeguards, of relevant facts, and to centralize responsibility in the officer in charge there and then on duty for accurate, effective, fair, impartial and uniform enforcement, and recording. In the absence of convincing evidence such as a birth certificate, driver's license or other proof, a police officer on the street shall in the first instance use his best judgment in determining age. A police officer may under appropriate circumstances deliver a minor to his home where the identity and address may readily be ascertained or are known. In any event, the police officer shall, within twenty four (24) hours, file a written report with the chief of police. (1988 Code § 10-413)
G. Release Of Minor: 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 and approval by the 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 parent. (1988 Code § 10-413; amd. 2000 Code)
H. Parental Responsibility: A parent, legal guardian, or person acting in loco parentis of a minor child who is convicted of a curfew violation may be held liable and assessed a fine as provided in section 1-4-1 of this code. Any minor who shall violate any of the provisions of this section more than three (3) times shall be referred to the office of juvenile affairs. Reporting to the juvenile authorities shall also be authorized in any case where the imposing of a fine or fines upon a parent shall not be effective, or where for any other reason the provisions of this section cannot be made effective by the imposing of penalties under this section. (Ord. 2015-12, 8-4-2015)
Notes
| 1 | 1. See also chapter 8 of this title. |