[HISTORY: Adopted by the Fiscal Court of Henderson County 10-26-2021 by Ord. No.
21-09[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 112,
Curfew, adopted as Ch. 130, § 130.01, of the 1993 Code.
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Either permit or neglect to prevent. It requires actual or
constructive knowledge on the part of the parent or guardian, that
is, the parent or guardian must actually know about the minor violating
this article, or the circumstances must be such that a reasonably
prudent parent or guardian should have known that the minor was violating
this article.
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, or automobile accident, or
any situation requiring immediate action to prevent serious bodily
injury or loss of life.
Any person under the age of 18, or, as may be otherwise phrased,
any person of the age of 17 or under.
Any person having legal custody of a minor: a) as a natural
or adoptive parent; b) as a legal guardian; c) as a person who stands
"in loco parentis" or a "person exercising custodial control" as that
term is defined in the Kentucky Unified Juvenile Code; or d) as a
person whom legal custody has been given by order of court.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways,
alleyways and the common areas of schools, hospitals, apartment houses,
office buildings, transport facilities, shops, stores, restaurants,
and other similar commercial establishments.
To stay behind, to tarry, or to linger upon or in any public
place.
A.
It shall be unlawful for any person under the age of 18 to be or
remain in or upon any public place in the county between the hours
of 1:00 a.m. and 5:00 a.m. during any day of the week.
C.
In the following exceptional cases a minor in or upon a public place in the county during the nocturnal hours provided for in Subsection A shall not be considered in violation of this article:
(1)
When the minor is accompanied by his or her parent or guardian;
(2)
When accompanied by an adult authorized by a parent or guardian of
such minor;
(3)
When 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;
(4)
When in the case of reasonable necessity but only after such minor's
parent or guardian has communicated to the Sheriff's Department
the facts establishing such reasonable necessity;
(5)
When the minor is on the sidewalk of the place where such minor resides,
or on the sidewalk of the minor's next-door neighbor who has
not communicated an objection to a law enforcement officer or the
Sheriff's Department;
(6)
When attending an official school, religious, or other recreational
activity supervised by adults and sponsored by the county, a civic
organization, or another similar entity that takes responsibility
for the minor, or going to or returning home from, without any detour
or stop, an official school, religious, or other recreational activity
supervised by adults and sponsored by the county, a civic organization,
or another similar entity that takes responsibility for the minor;
(7)
When authorized by regulation issued by the County Judge Executive
in cases of reasonable necessity involving more minors than may reasonably
be dealt with on an individual basis. Such regulation should be issued
sufficiently in advance to permit publicity through news media and
through other agencies such as the schools. The regulation shall define
the activity, the scope of the use of the public place permitted,
and 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 such regulation is reasonably necessary. The County Judge Executive
shall notify the sheriff's department of said information;
(8)
When engaged in a business or occupation which the laws of Kentucky
authorize a person under 18 years of age to perform;
(9)
When the minor, with parental consent, is in a motor vehicle with
a lawfully authorized driver;
(10)
When the minor, who is a duly authorized and licensed driver,
is operating a motor vehicle within the county for the purpose of
passing through, by direct route, from one location to another either
within or out of the county, including all minors that may also be
within the vehicle;
(11)
When involved in an emergency;
(12)
When the minor is a married person.
A.
A law enforcement officer upon finding or being notified of any minor
in or upon a public place whose parent or guardian is believed to
be in violation of this article may stop and question such minor and
request such information as his or her name and age and the name and
address of his or her parent, guardian, or person having legal custody.
B.
If the law enforcement officer determines or has reasonable cause
to believe that a curfew violation has occurred, the law enforcement
officer may obtain from the minor the information necessary to issue
a citation to the minor's parent, guardian, or person having
legal custody and then either take the minor to his or her home or
direct the minor to proceed immediately to his or her home.
Any parent, guardian, or person having legal custody who shall allow a minor to violate § 112-2 shall be guilty of a violation and shall be subject to a fine of up to $50 for the first offense, up to $100 for the second offense, and up to $250 for all subsequent offenses.
