The City Council has found that the incidence
of crimes committed by and against minors or juveniles is increasing
and has determined that a youth protection curfew ordinance is necessary
and desirable in order to:
A. Protect minors from each other and other persons in
public places and establishments during nocturnal hours.
B. Assist the police in crime prevention.
C. Promote parental supervision and authority over minors.
D. Protect the public from nocturnal crime and mischief
by minors.
E. Promote the furtherance of family responsibility and
for the public good, safety and welfare.
As used in this chapter, the following terms
shall have the meanings indicated:
CURFEW HOURS
11:00 p.m. until 5:00 a.m. on any and all seven days of the
week.
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, an 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.
A person who, under court appointment, is the
guardian of the person of a minor; or
B.
A public or private agency with which a minor
has been placed by a court.
MINOR
Any person under 17 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.
A natural parent, adoptive parent, or stepparent
of another person; or
B.
At least 18 years of age and authorized, in
writing, 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,
parks, playgrounds and the common areas of schools, hospitals, apartment
houses, office buildings, commercial or industrial buildings, transport
facilities, shops and businesses.
REMAIN
B.
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.
Enforcement for violation of this chapter shall be by arrest or by criminal complaint or by noncriminal disposition as hereinafter provided. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place or on the premises of an establishment. The officer shall not make an arrest or issue a notice to appear under §
132-6B for a violation of this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense under §
132-4 is applicable.
Within nine months after the enactment of this
chapter, the City Manager shall review this chapter and report and
make recommendations to the City Council concerning the effectiveness
of and the continuing need for this chapter. The City Manager's report
shall specifically include the following information:
A. The practicality of enforcing this chapter and any
problems with enforcement identified by the Police Department;
B. The impact of this chapter on crime statistics;
C. The number of persons successfully prosecuted for
a violation of this chapter; and
D. The City's net cost of enforcing this chapter.