[Code 2005 § 70-236]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, a fire, natural disaster, or automobile accident, or any
situation requiring immediate action to prevent serious bodily injury
or loss of life.
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.
Any unemancipated person under the age of 17 years or, in
equivalent phrasing often employed in this division, any person 16
or less years of age.
Any individual, firm, association, partnership, or corporation
operating, managing or conducting any establishment. The term "operator"
includes the members or partners of an association or partnership
and the officers of a corporation.
Any person having legal custody of a juvenile as a natural
or adoptive parent, as a legal guardian, as a person who stands in
loco parentis, or as a person to whom legal custody has been given
by court order.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, common
areas of schools, shopping centers, parking lots, parks, playgrounds,
transportation facilities, theaters, restaurants, shops, bowling alleys,
taverns, cafes, arcades, and similar areas that are open to the use
of the public. As a type of public place, a street is a way or place,
of whatever nature, open to the use of the public as a matter of right
for purposes of vehicular travel or in the case of a sidewalk thereof
for pedestrian travel. The term "street" includes that legal right-of-way,
including, but not limited to, the cartway of traffic lanes, the curb,
the sidewalks whether paved or unpaved, and any grass plots or other
grounds found within the legal right-of-way of a street.
To stay behind, to tarry and to stay unnecessarily in a public
place including the congregating of groups (or of interacting minors)
totaling four or more persons in which any juvenile involved would
not be using the streets for ordinary or serious purposes such as
mere passage or going home, or to fail to leave the premises of an
establishment when requested to do so by a police officer or the operator
of an establishment. To implement this provision with additional precision
and precaution, numerous exceptions are expressly defined in this
division. More and more exceptions become available with a juvenile's
increasing years and advancing maturity as appropriate in the interest
of reasonable regulation.
Is based upon the prevailing standing of time, whether Central
Standard Time or Central Daylight Savings Time, generally observed
at that hour by the public in the City; prima facie the time then
observed in the City administrative offices and police station.
Continues from one birthday such as the 16th to (but not
including the day of) the next, such as the 17th birthday, making
it clear that 16 or less years of age is treated in this division
as equivalent to the phrase "under 17 years of age," the latter phrase
in practice, unfortunately, having confused a number of persons into
the mistaken thought that 17 years old might be involved. Similarly,
for example, 11 or less years of age means "under 12 years of age."
[Code 1974 § 14-25; Code 1985 § 15-167(a);
Code 2005 § 70-237]
It shall be unlawful for any person 16 or less years of age
(under 17) to be or remain in or upon a public place within the City
during the period ending at 5:00 a.m. and beginning:
[Code 1974 § 14-25; Code 1985 § 15-167(a);
Code 2005 § 70-238]
A.
The following shall constitute valid exceptions to the operation
of the provisions of this division:
(1)
When a juvenile is accompanied by a parent of such juvenile.
(2)
When a juvenile is accompanied by an adult authorized by a parent
of such juvenile to take such parent's place in accompanying
such designated period within a specified area.
(3)
When the juvenile is on an errand as directed by his parent until
the hour of 12:30 a.m.
(4)
When a juvenile is 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, by first delivering to
the person designated by the City's chief of police to receive
such information a written communication, signed by the juvenile and
countersigned, if practicable, by a parent of the juvenile with their
home address and telephone number, specifying when, where and in what
manner the juvenile will be in a public place during hours when the
ordinance is applicable to such minor in the exercise of a First Amendment
right specified in such communication.
(5)
In case of reasonable necessity for the juvenile remaining in a public
place but only after the juvenile's parent has communicated to
the chief of police or the person designated by the chief of police
to receive such notifications the facts establishing the reasonable
necessity relating to a specified public place at a designated time
for a described purpose including points of origin and destination.
A copy of the communication, or of the police record thereof, duly
certified by the chief of police to be correct, with an appropriate
notation of the time it was received and of the names and addresses
of the parent and juvenile, shall be admissible evidence.
(6)
When a juvenile is on the sidewalk or property where the juvenile
resides, or on either side of or across the street from the place
where the juvenile resides and the adult owner or resident of the
property has given permission for the juvenile to be there.
(7)
When a juvenile is returning home by a direct route (without any
unnecessary detour or stop) from and within one hour of the termination
of a school activity or an activity of a religious or other voluntary
association, or a place of public entertainment, such as a movie,
play or sporting event. If the event is not commercial in nature or
does not have a fixed, publicly known time at which it will or does
end, the sponsoring organization must register the event with the
chief of police or his assigned representative at least 24 hours in
advance, informing the police department of the time that such event
is scheduled to begin, the place at which it shall be held, the time
at which it shall end, and the name of the sponsoring organization.
(8)
When authorized and evidenced, by entry upon a log or list maintained at the police department by the chief of police or his designee, as follows. When necessary nighttime activities of a juvenile may be inadequately provided for by other provisions of this division, then recourse may be had to the chief of police, either for a regulation as provided in Subsection (9) of this section or for special permission as the circumstances warrant. Upon the findings of reasonable necessity for the use of a public place to the extent warranted by a written application signed by a juvenile and by a parent of the juvenile, if feasible, stating (i) the name, age and address of the juvenile; (ii) the name, address and telephone number of a parent thereof; (iii) the height, weight, sex, color of eyes and hair and other physical characteristics of the juvenile; (iv) the necessity that requires the juvenile to remain upon a public place during the curfew hours otherwise applicable; (v) the public place; (vi) the beginning and ending of the period of time involved by date and hour, the chief of police or his designee may grant a permit in writing for the juvenile's use of a public place at such hours as in the opinion of the chief of police may reasonably be necessary and consistent with the purposes of this division. In an emergency this may be handled by telephone or other effective communication, with a corresponding record being made contemporaneously to the chief of police or to the person designated by the chief of police to act on his behalf in an emergency, at the police station.
(9)
When authorized, by regulation issued by the chief of police in other
similar cases of reasonable necessity, similarly handled but adapted
to reasonable necessary nighttime activities of more juveniles than
can readily be dealt with on an individual special permit basis. Normally
such regulation by the chief of police permitting use of public places
should be issued sufficiently in advance to permit appropriate publicity
through news media and through other agencies such as the schools,
and shall define the activity, the scope of the use of the public
places permitted, the period of time involved not to extend more than
one hour beyond the time for termination of the activity, and the
reason for finding that the regulation is reasonably necessary and
is consistent with the purposes of this division.
(10)
When the juvenile is legally employed and such employment has
been certified to the chief of police and evidence thereof has been
duly entered on a log or list maintained at the police station. Such
certification shall be renewable each calendar month when the current
facts so warrant, dated or reentered upon the log or list not more
than 45 days previously, and briefly identifying the juvenile, the
addresses of the juvenile's home and of the juvenile's place
of employment, and the juvenile's hours of employment.
(11)
When the juvenile is, with parental consent, engaged in normal
interstate travel through the City or originating or terminating in
the City.
(12)
When the juvenile is married or has been married pursuant to
state law.
(13)
In the case of an operator of an establishment, when the operator
has notified the police that a juvenile was present on the premises
of the establishment during curfew hours and refused to leave.
B.
Each of the exceptions in Subsection A of this section, and their several limitations such as provisions for notification, are severable, as hereinafter provided but here reemphasized, and will be considered by the City Commission when warranted by future experience illuminated by the views of student government associations, school personnel, citizens, associations, parents, officers and persons in authority concerned positively with juveniles as well as with juvenile delinquency.
[Code 1974 § 14-26; Code 1985 § 15-167(b);
Code 2005 § 70-239]
It shall be unlawful for a parent having legal custody of a
juvenile knowingly to permit or by inefficient control to allow the
juvenile to remain in any City public place under circumstances not
constituting an exception to, or otherwise beyond the scope of, this
division. The term "knowingly" includes knowledge that a parent should
reasonably be expected to have concerning the whereabouts of a juvenile
in that parent's legal custody. This requirement is intended
to hold a neglectful or careless parent up to a reasonable community
standard of parental responsibility through an objective test. It
shall, therefore, be no defense that a parent was completely indifferent
to the activities or conduct or whereabouts of such juvenile.
[Code 2005 § 70-240]
It shall be unlawful for any operator of an establishment to
knowingly permit a juvenile to remain at the establishment under circumstances
not constituting an exception to, or otherwise beyond the scope of,
the division. The term "knowingly" includes knowledge that an operator
should reasonably be expected to have concerning the patrons of the
establishment. The standard for "knowingly" shall be applied through
an objective test, whether a reasonable person in the operator's
position should have known that the patron was a juvenile in violation
of this division.
[Code 2005 § 70-241]
A.
If a police officer reasonably believes that a juvenile is in a public
place in violation of this division, the officer shall notify the
juvenile that he is in violation of this division and shall require
the juvenile to provide his name, address and telephone number and
how to contact his parent or guardian. In determining the age of the
juvenile and in the absence of convincing evidence such as a birth
certificate, a police officer shall, in the first instance of violation
of this division, use his best judgment in determining age.
B.
The police officer shall issue the juvenile a written warning that the juvenile is in violation of this division and order the juvenile to go promptly home. The chief of police shall send the parent or guardian of the juvenile written notice of the violation pursuant to § 14-40.
C.
Police procedures shall constantly be refined in the light of experience
and may provide that the police officer may deliver to a parent or
guardian thereof a juvenile under appropriate circumstances; for example,
a juvenile of tender age, near home, whose identity and address may
readily be ascertained or are known.
D.
Notwithstanding B of this section, when: (i) a juvenile has received
one previous written warning for violation of this division; or (ii)
a police officer has reasonable grounds to believe that the juvenile
has engaged in delinquent conduct, the procedure shall then be to
take the juvenile to the police station where a parent or guardian
shall immediately be notified to come for the juvenile whereupon the
parent or guardian and the juvenile shall be questioned. This is intended
to permit ascertainment, under constitutional safeguards, of relevant
facts, and to centralize responsibility in the person designated there
and then on duty for accurate, effective, fair, impartial and uniform
enforcement, and recording, thus making available experienced personnel
and access to information and records.
E.
When a parent or guardian, immediately called, has come to take charge
of the juvenile, and the appropriate information has been recorded,
the juvenile shall be released to the custody of such parent or guardian.
If the parent cannot be located or fails to take charge of the juvenile,
then the juvenile shall be released to the juvenile authorities, except
to the extent that in accordance with police regulations, approved
in advance by juvenile authorities, the juvenile may temporarily be
entrusted to an adult, neighbor or other person who will on behalf
of a parent or guardian assume the responsibility of caring for the
juvenile pending the availability or arrival of a parent or guardian.
F.
In the case of a first violation of this division by a juvenile,
the chief of police shall by certified mail send to a parent or guardian
written notice of the violation with a warning that any subsequent
violation will result in full enforcement of this division, including
enforcement of parental responsibility and of applicable penalties.
G.
For the first violation of this division by an operator of an establishment
who permits a juvenile to remain on the premises, a police officer
shall issue a written notice of the violation with a warning that
any subsequent violation will result in full enforcement of this division,
including enforcement of operator responsibility and of applicable
penalties.
H.
In any event the police officer shall, within 24 hours, file a written
report with the chief of police or shall participate to the extent
of the information for which he is responsible in the preparation
of a report on the curfew violation. It is not the intention of this
division to require extensive reports that will prevent police officers
from performing their primary police duties. The reports shall be
as simple as is reasonably possible and may be completed by police
departmental personnel other than sworn police officers.
[Code 2005 § 70-242]
A.
If, after the warning notice pursuant to § 14-42 of a first violation by a juvenile, a parent violates § 14-40 (in connection with a second violation by the juvenile), this shall be treated as a first offense by the parent. For the first offense by a parent, the fine shall be $50, and for each subsequent offense by a parent the fine shall be increased by an additional $25, e.g., $75 for the second offense, $100 for the third offense. The municipal judge of the City, upon finding a parent guilty, shall sentence the parent to pay this fine and the cost of prosecution.
B.
The parent or legal guardian having custody of a juvenile subject
to this division shall be liable for all costs incurred by the City
for providing personnel to remain in the company of a juvenile within
one hour after receiving notice from the City that the City is detaining
the juvenile for a curfew violation. The amount to be paid by the
parent or guardian shall be based on the hourly wage of the City employee
who is assigned to remain with the juvenile plus the cost of benefits
for that employee.
C.
The parent or legal guardian having custody of a juvenile subject
to this division shall be liable for any fine or condition of restitution
or reparation imposed by a court upon a curfew violator, provided
that the curfew violator has not paid the fine or made restitution
or reparation within the time ordered by the court, and further provided
that the parent or legal guardian has been made a party defendant
in all enforcement proceedings against the curfew violator and shall
be served with all citations, summons, complaints, notices, and other
documents required to be served on the curfew violator defendant.
D.
Any juvenile who shall violate any of the provisions of this division more than three times shall be reported by the chief of police to the juvenile authorities as a juvenile in need of supervision and the chief of police may proceed to file such charges with the district courts as he may deem appropriate. If, after the warning notice pursuant to this section of a violation of this division, an operator of an establishment violates § 14-42 a second time, this shall be treated as a first offense by the operator. For the first offense by an operator, the fine shall be $50, and for each subsequent offense by an operator the fine shall be increased by an additional $25, e.g., $75 for the second offense, $100 for the third offense.
