§ 10.14  CURFEW.
   (A)   Findings and purpose.
      (1)   In recent years, there has been a significant increase in juvenile victimization and crime. At the same time, the crimes committed by and against juveniles have become more violent. A significant percentage of juvenile crime occurs during curfew hours.
      (2)   Because of their lack of maturity and experience, juveniles are particularly susceptible to becoming victims of older perpetrators. The younger a person is the more likely he or she is to be a victim of crime.
      (3)   While parents have the primary responsibility to provide for the 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.
      (4)   A city-wide curfew will reduce juvenile victimization and crime and will advance public safety, health and general welfare.
   (B)   Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
      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 to which the public is invited, including, but not limited to, any place of amusement, entertainment or refreshment.
       FAIL TO SUPERVISE. A parent, guardian or responsible adult commits the offense of failing to supervise a juvenile or tending to cause the delinquency of a juvenile, if the parent, guardian or responsible adult:
         (a)   Is the parent, guardian or responsible adult, which adult person resides within the corporate limits of the city;
         (b)   Fails to provide appropriate and responsible supervision of the juvenile; or who aids, contributes or becomes responsible for the neglect, abuse or delinquency of the juvenile. For purposes of this section, a person is responsible for the delinquency of a juvenile or has failed to provide appropriate and reasonable supervision when:
            1.   The juvenile has committed three or more delinquent acts within a two calendar year period, which events have been referred to the Juvenile Court;
            2.   The person fails to undertake counseling requirements ordered by a juvenile court having jurisdiction over the juvenile;
            3.   The person fails to take meaningful and reasonable disciplinary or remedial action in response to prior delinquent acts of the juvenile; or
            4.   The act or failure to act by the person demonstrates a willful lack of commitment to prevent future delinquent acts by the juvenile.
         (c)   Solicits, requests, commands, encourages or intentionally aids or acts with the juvenile in violation of any federal, state or local law;
         (d)   Aids, contributes to or becomes legally responsible for the neglect, abuse or delinquency of the juvenile;
         (e)   Willfully abuses, neglects or abandons the juvenile in any manner likely to cause the juvenile unnecessary suffering or serious injury to his or her health or morals; or
         (f)   Provides, encourages or permits the juvenile to possess or consume an alcoholic beverage or a controlled substance, other than in accordance with state statutes.
      GUARDIAN. An adult appointed by a state’s District Court order.
      JUVENILE. A person under the age of 18 years. The term does not include persons under 18 who are married or have been legally emancipated.
      PARENT. Birth parents, adoptive parents and step-parents.
      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.
      RESPONSIBLE ADULT. A person 18 years or older specifically authorized by law or by a parent or guardian to have custody and control of a juvenile.
      SERIOUS BODILY INJURY. 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.
   (C)   Prohibited acts.
      (1)   It is unlawful for a juvenile under the age of 12 years to be present in any public place or establishment within the city:
         (a)   Any time between 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday and 5:00 a.m. of the following day; and
         (b)   Any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m. of the following day.
      (2)   It is unlawful for a juvenile ages 12, 13 or 14 years to be present in any public place or establishment within the city:
         (a)   Any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday and 5:00 a.m. of the following day; and
         (b)   Any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. of the following day.
      (3)   It is unlawful for a juvenile ages 15, 16 or 17 years to be present in any public place or establishment within the city:
         (a)   Any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday and 5:00 a.m. of the following day; and
         (b)   Any time between 11:59 p.m. on any Friday or Saturday and 5:00 a.m. on the following day.
      (4)   It is unlawful for any parent or guardian of a juvenile knowingly, or through negligent supervision, to permit the juvenile to be in any public place or establishment within the city during the hours prohibited in this division (C).
      (5)   It is unlawful for any proprietor of an establishment within the city to knowingly permit a juvenile to remain in the establishment or on the establishment’s property during the hours prohibited in this division (C). If the proprietor is not present at the time of the curfew violation, the responding officer shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment’s proprietor personally or by certified mail.
      (6)   It is unlawful for the parent, guardian or responsible adult having the care and custody of a juvenile to knowingly permit the juvenile to loiter, idle, wander or stroll, upon, about or in any of the public streets, avenues, alleys, parks, squares, playgrounds, public lots, public places, public buildings, vacant lots or other unsupervised places between the hours designated as curfew and sunrise of the following morning, except when the juvenile is accompanied by his or her parent, guardian or responsible adult or except where the juvenile is upon an emergency errand or legitimate business directed by his or her parent, guardian or responsible adult. When any juvenile is found violating any of the provisions of this section, a presumption shall arise that the parent, guardian or responsible adult allowed, permitted, assisted, aided, abetted and encouraged the juvenile in the violation.
      (7)   It is unlawful for any parent or guardian of a juvenile to, by word or deed or failure to act, fail to supervise said juvenile, to encourage, contribute toward, cause or tend to cause the juvenile to become a “neglected child”, a “delinquent child” or a “habitual truant”, a “runaway”, a “juvenile petty offender”, a “juvenile alcohol offender” or a “juvenile controlled substance offender”, as defined by M.S. §§ 260B.007 and 260C.007, as it may be amended from time to time, whether or not a petition for adjudication be sought or sustained in the county’s Juvenile Court.
      (8)   It is unlawful for a parent, after receiving a written warning notice of a curfew violation, to knowingly permit a juvenile to remain upon any city street, alley, right-of-way or similar place under circumstances not constituting an exception to, or otherwise beyond the scope of, this section.
      (9)   The parent of a juvenile shall have violated this section if, within 12 months after receipt of a written warning, a second curfew violation against the same juvenile is issued.
      (10)   If a police officer reasonably believes that a juvenile is on the streets in violation of this section, the officer shall notify the juvenile that he or she is in violation of this section and shall require the juvenile to provide his or her name, address and telephone number and how to contact his or her parent. In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate or driver’s license, or permit, a police officer on the street shall use his or her best judgment in determining age. If the police determine that a person is in violation of this section, he or she shall take the juvenile to the police station or other appropriate holding facility where a parent shall immediately be notified to come for the juvenile whereupon he or she shall be questioned, and a written warning notice shall be issued to both the juvenile and the parent or parents. However, this does not preclude a police officer, using his or her discretion, from transporting the juvenile to his or her home.
   (D)   Defenses.
      (1)   It is an affirmative defense for a juvenile to prove 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 exercising First Amendment rights protected by the United States Constitution or Art. I of the Constitution of the state;
         (g)   The juvenile was engaged in interstate travel; and/or
         (h)   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.
      (2)   It is an affirmative defense for a proprietor of an establishment to prove 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 by:
            1.   A valid driver’s license or identification card issued by Minnesota, another state or a province of Canada, and including the photograph and date of birth of the licensed person;
            2.   A valid military identification card issued by the United States Department of Defense; or
            3.   In the case of a foreign national, from a nation other than Canada, by a valid passport, or other verifiable means, including, but not limited to, school identification cards and birth certificates.
         (b)   The proprietor or employee promptly notified the responsible police agency that a juvenile was present on the premises of the establishment during curfew hours.
         (c)   It is an affirmative defense for a parent, guardian or responsible adult to prove that:
            1.   The parent, guardian or responsible adult is a direct victim of that act or conduct which resulted in the juvenile being subject to the jurisdiction of the Juvenile Court;
            2.   The parent, guardian or responsible adult reported the act or event to appropriate governmental authorities at or near the time the juvenile committed the wrongful or delinquent act or conduct; or
            3.   The parent, guardian or responsible adult provided reasonable and appropriate supervision to the juvenile, under the totality of the circumstances. In assessing the reasonableness or appropriateness of the person’s supervisory actions, the Court will consider:
               a.   The severity of the offense committed by the juvenile;
               b.   The number of prior offenses committed by the juvenile;
               c.   The person’s knowledge of the juvenile’s wrongful conduct or behavior;
               d.   The discipline, counseling or other remedial measures taken by the person, after obtaining knowledge of the wrongful behavior of the juvenile; and
               e.   Any other action by the person which demonstrates a reasonable commitment and effort to prevent future delinquent or wrongful conduct, behavior or acts by the juvenile.
   (E)   Penalty.
      (1)   Violation of divisions (C)(1), (C)(2) or (C)(3) above will be prosecuted pursuant to M.S. § 260A.04, as it will be amended from time to time, and will be subject to the penalties therein.
      (2)   Upon conviction for a violation of divisions (C)(4), (C)(5), (C)(6), (C)(7), (C)(8) or (C)(9) above, punishment shall be imposed by a fine of not less than $100, nor more than $300; provided further, the sentencing court may suspend imposition of judgment or sentence upon parole for the successful performance of supervised community public service of not less than 20 hours.
   (F)   Review. The Council shall conduct yearly reviews of this section to assess the effectiveness of and continuing need for a juvenile curfew. Prior to the annual review, the Chief of Police shall prepare and submit a report to the Council evaluating violations of this section and juvenile crime and victimization during the preceding year.
(Amended 9-13-2016)