Curfew hours.
(1)
11:00 p.m. Sunday evening until 6:00 a.m. Monday morning;
(2)
11:00 p.m. Monday evening until 6:00 a.m. Tuesday morning;
(3)
11:00 p.m. Tuesday evening until 6:00 a.m. Wednesday morning;
(4)
11:00 p.m. Wednesday evening until 6:00 a.m. Thursday morning;
(5)
11:00 p.m. Thursday evening until 6:00 a.m. Friday morning;
(6)
1:00 a.m. Saturday morning until 6:00 a.m. Saturday morning;
and
(7)
1:00 a.m. Sunday morning until 6:00 a.m. Sunday morning.
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 loss of life or
serious bodily injury that creates a substantial risk of death, serious
permanent disfigurement, or protracted loss or impairment of the function
of any bodily member or organ.
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.
(1)
A person who, under court order, is the guardian of the person
of a juvenile; or
(2)
A public or private agency with whom a juvenile has been placed
by a court.
Juvenile.
Any person under seventeen (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:
(1)
A natural parent, adoptive parent, or stepparent of another
person; or
(2)
At least eighteen (18) years of age and authorized by a parent
or guardian to have the care and custody of a juvenile.
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,
and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities, and shops.
Remain.
To:
(2)
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.
(Ordinance CO11-19-02-28-E1 adopted 2/28/19; Ordinance
CO15.22.02.10.E2 adopted 2/10/2022)
(a)
A juvenile commits an offense if he remains in any public place
or on the premises of any establishment within the City during curfew
hours.
(b)
A parent or guardian of a juvenile commits an offense if he
knowingly permits, or by insufficient control allows, the juvenile
to remain in any public place or on the premises of any establishment
within the City during curfew hours.
(c)
The owner, operator, or any employee of an establishment commits
an offense if he knowingly allows a juvenile to remain upon the premises
of the establishment during curfew hours.
(Ordinance CO11-19-02-28-E1 adopted 2/28/19; Ordinance
CO15.22.02.10.E2 adopted 2/10/2022)
(a)
It shall be an affirmative defense to a violation under section
8.04.002 if the juvenile:
(1)
Is accompanied by the juvenile's parent or guardian;
(2)
Is on an errand at the direction of the juvenile's parent
or guardian, without any detour or stop;
(3)
Is in a motor vehicle involved in interstate travel;
(4)
Is engaged in an employment activity, or going to or returning
home from any employment activity, without any detour or stop;
(5)
Is involved in an emergency;
(6)
Is on the sidewalk abutting the juvenile's residence or
abutting the residence of a next-door neighbor if the neighbor did
not complain to the Police Department about the juvenile's presence;
(7)
Is participating in a work-study program; or attending a sponsored
activity or event through the juvenile's school, the City, a
religious or civic organization, or other person or entity that takes
responsibility for the juvenile, including travel without detour or
stop to a destination as required by such coursework, program, activity,
or event;
(8)
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; or
(b)
It shall be an affirmative defense to a violation under section
8.04.002(c) if the owner, operator, or employee of an establishment promptly notified the Police Department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave.
(Ordinance CO11-19-02-28-E1 adopted 2/28/19; Ordinance
CO15.22.02.10.E2 adopted 2/10/2022)
Before taking any enforcement action under this Article, a Police Officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Article unless the officer reasonably believes that an offense has occurred and that, based on the juvenile's response and other circumstances, no affirmative defense in section
8.04.003 is present.
(Ordinance CO11-19-02-28-E1 adopted 2/28/19; Ordinance
CO15.22.02.10.E2 adopted 2/10/2022)
(a)
A person who violates a provision of this Article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine in accordance with the general penalty provision found in section
1.01.009 of this Code.
(Ordinance CO11-19-02-28-E1 adopted 2/28/19; Ordinance
CO15.22.02.10.E2 adopted 2/10/2022)