City of South Pasadena, FL Chapter 144 Curfew, Juvenile

[HISTORY: Adopted by the City Commission of the City of South Pasadena 6-14-1994 as Ord. No. 94-11. Amendments noted where applicable.]

GENERAL REFERENCES

Noise — See Ch. 141.

Nuisances — See Ch. 143.

§ 144-1 Adoption of state standards.

The City of South Pasadena hereby adopts Chapter 877.20 through 877.24 of the Florida Statutes establishing a curfew for individuals under the age of sixteen (16), the provisions of which are set forth herein.

§ 144-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

EMERGENCY

An unforeseen combination of circumstances which results in a situation that requires immediate attention to care for or prevent serious bodily injury, loss of life or significant property loss. The term includes but is not limited to a fire, a natural disaster or an automobile accident.

ESTABLISHMENT

A privately owned place of business to which the public is invited, including but not limited to a place of amusement or place of entertainment.

MINOR

Any person under sixteen (16) years of age.

PARENT

A. A person that has legal custody of a minor as:

(1) Natural or adoptive parent.

(2) Legal guardian.

B. A person who stands in loco parentis to the minor.

C. A person who has legal custody of the minor by order of the court.

PUBLIC PLACE

A place to which the public has access, including but not limited to streets, highways, public parks and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities and shops.

REMAIN

To stay unnecessarily in a particular place.

§ 144-3 Minors prohibited in public places and establishments during certain hours; penalties for offenses; procedure.

A. A minor may not be or remain in a public place or establishment between the hours of 11:00 p.m. and 5:00 a.m. of the following day, Sunday through Thursday, except in case of a legal holiday.

B. A minor may not be or remain in a public place or establishment between the hours of 12:01 a.m. and 6:00 a.m. on Saturdays, Sundays and legal holidays.

C. A minor who has been suspended or expelled from school may not be or remain in a public place, in an establishment or within one thousand (1,000) feet of a school during the hours of 9:00 a.m. to 2:00 p.m. during any school day.

D. A minor who violates this section shall receive a written warning for his first violation. A minor who violates this section after having received a prior written warning is guilty of a civil infraction and shall pay a fine of fifty dollars ($50.) for each violation.

E. If a minor violates a curfew and is taken into custody, the minor shall be transported immediately to a police station or to a facility operated by a religious, charitable or civic organization that conducts a curfew program in cooperation with a local law enforcement agency. After recording pertinent information about the minor, the law enforcement agency shall attempt to contact the parent of the minor and, if successful, shall request that the parent take custody of the minor and shall release the minor to the parent. If the law enforcement agency is not able to contact the minor's parent within two (2) hours after the minor is taken into custody or if the parent refuses to take custody of the minor, the law enforcement agency may transport the minor to his residence or proceed as authorized under Part III, Chapter 39, Florida Statutes.

§ 144-4 Legal duty of parent; penalties for offenses.

A. The parent of a minor has a legal duty and responsibility to ensure that the minor does not violate § 144-3.

B. The parent of a minor has a legal duty and responsibility to personally supervise or arrange for a responsible adult to supervise the minor so that the minor does not violate § 144-3.

C. The parent of a minor who knowingly permits his minor to violate § 144-3 shall receive a written warning for a first violation. A parent who knowingly permits the minor to violate § 144-3 after having received a prior written warning is guilty of a civil infraction and shall pay a fine of fifty dollars ($50.) for each violation.

§ 144-5 Exceptions.

Section 144-3 does not apply to a minor who is:

A. Accompanied by his parent or another adult authorized by the minor's parent to have custody of the minor.

B. Involved in an emergency or engaged, with his parent's permission, in an emergency errand.

C. Attending or traveling directly to or from an activity that involves the exercise of rights protected under the first amendment of the United States Constitution.

D. Going directly to or returning directly from lawful employment or who is in a public place or establishment in connection with or as required by a business, trade, profession or occupation in which the minor is lawfully engaged.

E. Returning directly home from a school-sponsored function, a religious function or a function sponsored by a civic organization.

F. On the property of or on the sidewalk of the place where he resides or who is on the property or sidewalk of an adult next-door neighbor with that neighbor's permission.

G. Engaged in interstate travel or bona fide intrastate travel with the consent of the minor's parent.

H. Attending an organized event held at and sponsored by a theme park or entertainment company, as defined in F.S. § 509.013(9).