[R.O. 1993 § 215.260; Ord. No.
2011-2897 § 1, 3-22-2011]
The following words shall have the following definitions as
used in this Article:
Any person under the age of eighteen (18).
Knowledge which a parent should reasonably be expected to
have concerning the whereabouts of a juvenile.
Any natural or adopted parent, any person having legal custody
of a juvenile, or an adult that has assumed responsible custody and
control of said juvenile.
To stay behind, to tarry and to stay unnecessarily upon the
streets, alleys, rights-of-way, commercial establishments or similar
places.
[R.O. 1993 § 215.262; Ord. No.
2011-2897 § 2, 3-22-2011]
A.
It shall be unlawful for any juvenile to be or remain in or upon
the streets, alleys, rights-of-way, parks, playgrounds, public places,
public buildings, places of amusement or entertainment, eating establishments,
or other or similar places within the City of Aurora unaccompanied
by a parent during the following periods of time:
1.
For juveniles age fifteen (15) and under, between the hours
of 11:00 P.M. on any day and 6:00 A.M. of the following day, except
on Fridays and Saturdays when the hours shall be 12:00 Midnight to
6:00 A.M. the following day;
2.
For juveniles age sixteen (16) and seventeen (17), between the
hours of 12:00 Midnight on any day and 6:00 A.M. of the following
day, except on weekends when the hours shall be 1:00 A.M. to 6:00
A.M. of any Saturday or Sunday.
[R.O. 1993 § 215.265; Ord. No.
2011-2897 § 3, 3-22-2011]
A.
No juvenile shall be deemed to be in violation of Section 215.1975 hereof in the following circumstances:
1.
When accompanied by the parent of such juvenile or when accompanied
by a person over the age of twenty-one (21) authorized by a parent.
2.
When such juvenile is on the sidewalk of a place where such
juvenile resides, or on the sidewalk of either next door neighbor
not communicating an objection to the Police.
3.
When returning home, by a direct route from and within one (1)
hour after the termination of a school- or City-sponsored activity,
or an activity of a religious or other association, or place of employment.
4.
When such juvenile is upon an emergency errand, without any
detour or stop, directed by the juvenile's parent or other adult who
has assumed responsibility and control of said juvenile.
[R.O. 1993 § 215.268; Ord. No.
2011-2897 § 4, 3-22-2011]
If a Police Officer reasonably believes that a juvenile is on
the streets or other public place in violation of this curfew ordinance,
the officer shall notify the juvenile that he or she is in violation
of the ordinance and shall require the juvenile to provide his or
her name, address and telephone number and how to contact his or her
parent. In determining the age of the juvenile and in the absence
of convincing evidence such as a birth certificate or driver's license,
or permit, a Police Officer on the street shall use his/her best judgment
in determining age. If the Police Officer determines that a person
is in violation of this Article, he or she shall take the juvenile
to the police station or other appropriate holding facility where
a parent shall immediately be notified to come for the juvenile whereupon
they shall be questioned, and a written warning notice shall be issued
to both the juvenile and the parent or parents, and the Juvenile Officer.
However, nothing herein shall be deemed to preclude a Police Officer,
in using his or her discretion, from transporting said juvenile to
his or her home.
[R.O. 1993 § 215.270; Ord. No.
2011-2897 § 5, 3-22-2011]
A.
No parent(s) of a person under the age of eighteen (18), who is being
held by the Police Department for violating curfew, shall fail or
refuse to pick up said juvenile within a reasonable time upon being
notified by the Police Department of said curfew violation. For purposes
of this Section, the term reasonable time shall be at one (1) hour.
B.
For purposes of this Section, "parent" is any natural or adopted
parent, any person having legal custody of a juvenile.
[R.O. 1993 § 215.272; Ord. No.
2011-2897 § 6, 3-22-2011]
It shall be unlawful for a parent after receiving a written warning notice pursuant to Section 215.1985 of this Article to knowingly permit a juvenile to remain upon any streets, alleys, rights-of-way, parks, playgrounds, public places, public buildings, places of amusement or entertainment, eating establishments, or other or similar places within the City of Aurora under circumstances not constituting an exception to this Article.
[R.O. 1993 § 215.275; Ord. No.
2011-2897 § 7, 3-22-2011]
The parent(s) of the juvenile shall have violated this Article if, within twelve (12) months after receipt of a written warning notice pursuant to Section 215.1985, a second curfew violation against the same juvenile is issued.
[R.O. 1993 § 215.278; Ord. No.
2011-2897 § 8, 3-22-2011]
A.
It shall be unlawful for any owner, operator or employee of any establishment
to knowingly permit any juvenile to be or remain upon the premises
during curfew hours unless accompanied by a parent or an adult that
has assumed responsible custody and control of said juvenile.
B.
As used in this Section, the term "establishment" means any place
of business to which the public is invited, including any place of
amusement or entertainment, eating establishment, or other or similar
places within the City of Aurora.
C.
It shall be a defense to any prosecution that the owner, operator
or employee of an establishment promptly notified the Police Department
that a juvenile was on the premises of the establishment during curfew
hours but refused to leave when directed to do so by such owner, operator
or employee.
[R.O. 1993 § 215.280; Ord. No.
2011-2897 § 9, 3-22-2011]
A.
Every person who shall be convicted of any violation of the provisions
of this Article shall be fined not less than one hundred dollars ($100.00)
nor more than five hundred dollars ($500.00).
B.
For any subsequent conviction of this Article, the judge shall require
a fine of no less than five hundred dollars ($500.00).
C.
Notwithstanding the foregoing, the judge may impose a community service
requirement for any juvenile as an alternative to a fine.
