The purposes of this chapter are:
A. To protect the health and welfare of juveniles.
B. To protect juveniles from improper influences that prevail during
curfew hours.
C. To protect juveniles from criminal activity that occurs during curfew
hours.
D. To protect the public from illegal acts of juveniles committed during
curfew hours.
The City caused two community hearings and a forum at both the
high school and middle school. The public has been found to be highly
and strongly in favor of the proposed curfew. It is therefore found
by the City Council of Walhalla that it would be beneficial to the
health, order and general welfare of the City in connection with the
execution of municipal duties; that juveniles should be protected
from each other and older people on the street during late night hours;
that the City desires to reinforce parental control and responsibility
for children; that the City desires to protect the public and reduce
juvenile crime and violence by the enactment of this chapter, which
is designed to promote the health, safety and welfare of both juveniles
and adults in the City of Walhalla by creating an environment offering
protection and security for all concerned.
As used in this chapter, the following terms shall have the
meanings indicated:
CURFEW HOURS
Curfew hours mean:
Months
|
Days
|
Hours of Curfew
|
---|
September through May
|
Sunday through Thursday
|
11:00 p.m. to 6:00 a.m. next day
|
|
Friday and Saturday
|
12:00 midnight to 6:00 a.m. next day
|
June through August
|
All days
|
12:00 midnight to 6:00 a.m. next day
|
ESTABLISHMENT
Any privately owned place of business operating for profit
to which the public is invited, including but not limited to any place
of amusement or entertainment.
GUARDIAN
A person who:
A.
Is the guardian of a juvenile under a court order; or
B.
Is at least 18 years of age and authorized by a parent or guardian
to have care and custody of a juvenile; or
C.
Is a public or private agency with whom a juvenile has been
placed by a court.
JUVENILE
A person who has not reached his or her 17th birthday and
is not married, emancipated or a member of the armed services of the
United States of America.
OPERATOR
Any individual, firm, association, partnership or corporation
operating, managing or conducting any establishment. This term includes
the active, local members or partners of an association or partnership
and the local officers of a corporation.
PARENT
A birth parent, adoptive parent or spouse of the birth parent
or adoptive parent of a juvenile.
REPEAT OFFENDER
A juvenile who has violated this chapter at least two times.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The following shall be exempt from the requirements of this
chapter, and the following shall be defenses to prosecution under
this chapter:
A. A juvenile who is accompanied by his or her parent or guardian;
B. A juvenile who is on an errand at the direction of the juvenile's
parent or guardian, without any detour or stopping;
C. A juvenile who is traveling in a motor vehicle involved in interstate
travel;
D. A juvenile engaged in an employment activity, or going to or returning
home from an employment activity, without detour or stopping;
E. A juvenile who is out because of a verifiable emergency of the juvenile
or someone in such juvenile's family;
F. A juvenile on his or her residential property or property of a next-door
neighbor, if the neighbor does not complain to the Police Department
about the juvenile's presence;
G. A juvenile who is attending an official school, religious or other
recreational activity supervised by adults and sponsored by the City
of Walhalla, a civic organization or other entity that takes responsibility
for the juvenile; or going to or returning home from such activity,
without any stop or detour.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any parent or guardian of a repeat or chronic repeat offender
or operator of an establishment will be issued a summons for each
violation. Any parent or guardian of a repeat or chronic repeat offender
who is found guilty in Municipal Court of violating this chapter shall
be subject to a fine up to $250 for each violation plus court costs
or to be imprisoned up to 30 days. The Municipal Court may, in its
discretion, require a specified number of hours of community service
in lieu of fine or imprisonment.