City of El Reno, OK Curfew

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[HISTORY: Adopted by the City Council of the City of El Reno 9-1-1972 as Ch. 19, Sec. 19-40, of the 1972 Code, as amended 5-5-1992 by Ord. No. 2670; 5-5-1992 by Ord. No. 2672; 8-4-1992 by Ord. No. 2682; 1-5-1993 by Ord. No. 2700; 9-6-1994 by Ord. No. 2772; 3-7-1995 by Ord. No. 2778. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Public safety and morals — See Ch. 275.

§ 167-1 Definitions.

§ 167-2 Offenses.

§ 167-3 Defenses.

§ 167-4 Enforcement.

§ 167-5 Violations and penalties.

§ 167-1 Definitions.

For the purpose of this chapter, the following terms, phrases, words and their derivatives shall have the meanings given below:

CURFEW HOURS

For minors age 15 and under, on any Sunday, Monday, Tuesday, Wednesday or Thursday from 11:00 p.m. until 6:00 a.m. of the following day;

For minors age 15 and under, on any Friday or Saturday from 12:00 midnight until 6:00 a.m. of the following day;

For minors age 16 and 17, on any Sunday, Monday, Tuesday, Wednesday or Thursday from 12:00 midnight until 6:00 a.m. of the following day; and

For minors age 16 and 17, on any Friday or Saturday from 1:00 a.m. until 6:00 a.m. of the following day.

EMERGENCY

An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

ESTABLISHMENT

Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

GUARDIAN

A person who, under court order, is the guardian of the person of a minor; or

A public or private agency with whom a minor has been placed in court.

MINOR

Any person under 18 years of age.

OPERATOR

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.

PARENT

A person who is:

A natural parent, adoptive parent or stepparent of another person; or

At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

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.

REMAIN

To linger or stay; or

To fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

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 bodily member or organ.

§ 167-2 Offenses.

A minor commits an offense if he remains in any public place or on the premises of any establishment within the City during curfew hours.

A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the City during curfew hours.

The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

§ 167-3 Defenses.

It is a defense to prosecution under § 167-2 that the minor was:

(1)

Accompanied by the minor's parent or guardian;

(2)

On an errand at the direction of the minor's parent or guardian, without any detour or stop;

(3)

In a motor vehicle involved in interstate travel;

(4)

Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5)

Involved in an emergency;

(6)

On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor's presence;

(7)

Attending an official school, religious or other recreational activity supervised by adults and sponsored by the City of El Reno, a civic organization or other similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the City of El Reno, a civic organization or other similar entity that takes responsibility for the minor;

(8)

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; or

(9)

Married or had been married or had disabilities of minority removed in accordance with state law.

It is a defense to prosecution under § 167-2C that the owner, operator or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

§ 167-4 Enforcement.

Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 167-3 is present.

Absent an interlocal agreement with the District Court for the Municipal Court to exercise jurisdiction over minors under 18 years of age under provisions of this chapter, pursuant to 10A O.S. §§ 2-2-101 and 2-2-102, the Municipal Court must refer all alleged juvenile violations to the Juvenile Bureau of the District Attorney's Office.

§ 167-5 Violations and penalties.

A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $200, plus costs, or by imprisonment for not more than 30 days, or by both such fine and imprisonment.

The Municipal Court's jurisdiction over a minor who violates the provisions of this chapter shall be expressly subject to Title 10A of the Oklahoma Statutes, as amended.