[Ord. No. 2015-04 §1, 8-17-2015]
A.
Whenever a minor shall be arrested or detained for the commission
of any offense within the City, the Police Department shall, as soon
as possible thereafter, deliver written notice to the minor's
parent(s) or legal guardian(s) of the arrest or detention, and such
notice shall advise the parent(s) or legal guardian(s) of his/her/their
responsibility under this Section. The notice shall be in such a form
as to be signed by the notified parent or legal guardian signifying
receipt thereof. If the parent or legal guardian refuses to sign said
notice, the notifying Law Enforcement Officer shall indicate such
refusal on the notice.
B.
No parent or legal guardian shall fail to exercise customary and effective control over a minor so as to contribute to, cause or tend to cause a minor to commit any offense. Written notice as provided for in Subsection (A) of this Section shall be prima facie evidence of a parent's or legal guardian's failure to exercise customary and effective control if the minor commits a second or successive violation of any offense.
C.
Each violation of the provisions of this Section shall constitute a separate offense. Any person who shall violate this Section shall be subject to imprisonment for not more than ninety (90) days and/or a fine not to exceed five hundred dollars ($500.00) or both such fine or imprisonment, provided that the court shall impose a fine of not less than one hundred dollars ($100.00) for the first conviction, not less than two hundred dollars ($200.00) for the second conviction, and not less than five hundred dollars ($500.00) for the third and any subsequent convictions. In addition, the court may, as a condition of any probation granted to any parent or legal guardian found guilty of violating Subsection (B) of this Section, order the defendant to make restitution to any person who has been damaged by the misconduct of the minor.
[CC 1983 §§19-31 — 19-34]
A.
Established. No minor under the age of seventeen (17) years
shall loiter, idle, wander, stroll or play in or upon the public streets,
highways, roads, alleys, parks, playgrounds, other public grounds,
public places and public buildings, places of amusement and entertainment,
vacant lots or other unsupervised places between the hours of 10:00
P.M. and daylight, except on Friday and Saturday nights, after the
hour of 11:30 P.M. to daylight; provided however, that the provisions
of this Section shall not apply to such minor accompanied by his/her
parent, guardian or other adult person having the care and custody
of such minor, or a minor upon an emergency errand or legitimate business
or activity directed by such minor's parent, guardian or other adult
person having custody of such minor.
B.
Responsibility Of Parents. No parent, guardian or other adult having the care and custody of a minor shall knowingly permit such minor to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours specified in Subsection (A) of this Section; provided however, that the provisions of this Section shall not apply to such minor accompanied by his/her parent, guardian or other adult person having the care and custody of such minor, or a minor upon an emergency errand, or legitimate business or activity, directed by such minor's parent, guardian or other adult person having the care and custody of such minor.
C.
Minor Violating Curfew Provisions — Procedure.
1.
Any Police Officer, upon finding a minor in violation of Subsection (A), shall ascertain the name and address of such minor and warn the minor that he/she is in violation of curfew and shall direct the minor to proceed at once to his/her or her home or usual place of abode. The Police Officer shall report such action to the desk officer of the Police Department who in turn shall notify the parent, guardian or person having the care and custody of such minor.
2.
If such minor refuses to heed such warning or direction by any Police
Officer or refuses to give his/her correct name and address, or if
the minor has been warned on a previous occasion that he/she is in
violation of curfew, he/she shall be taken to the Police Department
and the parent, guardian or other adult person having the care and
custody of such minor shall be notified to come and take charge of
the minor. If the parent, guardian or other adult person above cannot
be located or fails to come and take charge of the minor, the minor
shall be released to the juvenile authorities.
D.
Penalties. 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 such minor violating this Section shall, after having been previously notified under Subsection (C) above, be punished as provided by Section 100.120 of this Code.
