It shall be unlawful for any minor under the
age of 16 years to be upon any public or quasi-public place, either
on foot or in an automobile or any other vehicle, after the hour of
10:00 p.m., prevailing time, unless accompanied by a parent or other
adult person having custody and control of such minor, except as hereinafter
provided.
It shall be unlawful for any parent, guardian
or other person having control and custody of such minor under the
age of 16 years to allow or permit such minor to be in any public
street or public or quasi-public place after 10:00 p.m., prevailing
time, except in the manner and for the purposes specified in this
chapter.
The provisions of this chapter shall not apply
to any minor who shall be gainfully employed or who shall be a bona
fide student of a school of instruction during the time necessarily
required to travel between such minor's residence and place of employment
or instruction.
Should an emergency arise necessitating a minor
under the age of 16 years being dispatched upon an errand requiring
his or her presence upon a public street or in any public or quasi-public
place after the curfew hour herein established, said minor shall have
in his or her possession a note signed by a parent or adult person
having custody of such minor, stating the nature of the errand, the
necessity therefor, the place to which said minor is to go, the time
such note was issued, the date of said note and the time required
for such errand.
Any police officer or truant officer is hereby
authorized and empowered to take into custody any minor who may be
in the act of violating the provisions of this chapter. Such officer
shall forthwith return said minor to his or her home and notify the
parent or person having the legal custody and control of said minor
of the violation.
[Amended 7-11-1991 as Ord. No. 16-91]
Upon the second or subsequent violation of the
provisions of this chapter by such minor under the age of 16 years
or by said parent or person having legal custody and control of said
minor, and upon conviction thereof, said violator may be punished
by a fine not exceeding the sum of $1,000 or by imprisonment for a
period not exceeding 90 days, or both; except, however, that the Judge
or other judicial officer having jurisdiction shall have the power
to place the violator on probation or, in the first instance, to refer
the complaint to the Juvenile Conference Committee for disposition.
[Added 10-8-1992 by Ord. No. 34-92]
It shall be unlawful for any juvenile under
18 years of age to be upon any public or quasi-public place on foot
after the hour of 9:00 p.m., prevailing time, on October 30 of every
year, so designated as "Mischief Night," and October 31 of every year,
so designated as "Halloween Night," unless accompanied by a parent
or other adult guardian having custody and control of such juvenile.
[Added 10-8-1992 by Ord. No. 34-92]
Any person convicted of violating the provisions of §
109-7, including any parent or person having legal custody and control of a juvenile violating the curfew provision, shall be required to perform community service and may be subject to a fine of up to $1,000. If both a juvenile and the juvenile's parent or guardian violate the provisions of §
109-7, they shall be required to perform community service together.
[Added 10-8-1992 by Ord. No. 34-92]
All provisions of Chapter
109, Curfew, shall be enforced by the Police Department.
[Added 10-8-1992 by Ord. No. 34-92]
The only exceptions to the curfew established
by this chapter shall be those permitted under Senate No. 53, currently
awaiting the signature of the Governor, which measure exempts those
under the age of 18 for medical emergencies or for employment purposes.