The purpose of this chapter establishing a curfew for children
is to help prevent truancy, juvenile delinquency and crime in the
City while, at the same time, safeguarding the constitutional rights
of such children and encouraging school attendance.
As used in this chapter, the following terms shall have the
meanings indicated:
CHILD
Any person under the age of 18 years.
EMERGENCY
An unforeseen combination of circumstances that calls for
immediate action, including, but not limited to, a fire, natural disaster,
vehicular accident, or the onset of a serious medical condition.
[Added 2-26-2008 by Ord. No. MC-4355]
ESTABLISHMENT
Any privately owned place of business carried on for profit
or any place of amusement or entertainment to which the public is
invited.
EXCUSED ABSENCES FROM SCHOOL
An absence that shall be excluded from counting toward the
accrual of days that deny students the privilege of attending the
secondary summer school program and counting toward the accrual of
days that lead to court action or dropping the student from the school's
register. Examples of "excused absences" are: illness, death in the
family and religious holidays and approved college visitation for
high school seniors.
GUARDIAN
A person to whom legal custody of the child has been given
by court order or who is responsible for the care and welfare of the
child.
[Added 2-26-2008 by Ord. No. MC-4355]
PARENT
Any natural parent of any child, a guardian or any adult
person of the age of 21 years or over who is responsible for the care,
custody and control of any child.
PUBLIC PLACE
Any public street, highway, road, alley, park, playground,
wharf, dock, public building or vacant lot in the City.
REMAIN
To loiter, idle, wander, stroll or play in or upon any establishment
or public place.
[Amended 2-26-2008 by Ord. No. MC-4355]
No child under the age of 18 years shall remain in or upon any public place or street between the hours of 10:00 p.m. and 6:00 a.m. on each and every Sunday, Monday, Tuesday, Wednesday, Thursday, Friday and Saturday, unless accompanied by the parent, as defined in §
282-2 of this chapter.
[Amended 2-26-2008 by Ord. No. MC-4355]
In the following cases, a minor shall not be considered in violation of §
282-3:
A. When returning home, without any detour or stop, from an official
school activity or an organized religious activity.
B. When returning home, without any stop or detour, from a place of
employment.
C. When engaged in interstate travel beginning or ending in the City.
D. On an errand at the direction of the child's parent or guardian,
without any detour or stop.
E. When involved in an emergency.
No child over the age of five years and under the age of 18
years shall remain in or upon any public place or establishment outside
any school grounds between the hours of 8:30 a.m. and 3:00 p.m. every
Monday through Friday while school is in session during the school
year.
In the following cases, a student shall not be considered in violation of §
282-5:
A. During an excused absence.
B. During an approved early dismissal from school.
C. When the student is enrolled in an approved work-experience program.
D. When the student is officially removed from the school register.
E. Parochial and private school students who have different school hours
or different holiday and vacation schedules during times while those
schools are not in session.
[Amended 2-13-2003 by Ord. No. MC-3814; 10-12-2006 by Ord. No.
MC-4234; 2-26-2008 by Ord. No. MC-4355]
Unless otherwise provided in this chapter, persons violating
the provisions of this chapter shall be required to perform community
service and may be subject to a fine of up to $1,000.