For the purpose of this division, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural include the singular and words
in the singular include the plural. The word “shall” is
always mandatory and not merely directory.
Establishment.
Any privately owned place of business carried on for a profit
or any place of amusement or entertainment to which the public is
invited.
Juvenile.
Any person under the age of seventeen (17) years of age,
or, in equivalent phrasing, any person of the age sixteen (16) years
old or younger.
Operator.
Any individual, firm, association, partnership or corporation
operating, managing, or conducting any establishment, and, whenever
used in any clause prescribing a penalty, the term as applied to associations
or partnerships shall include the members or partners thereof and
as applied to corporations shall include the officers thereof.
Parent.
Any natural parent of a juvenile, a legal guardian, or any
adult person, eighteen (18) years or older, in whose care the juvenile
has been placed by the natural parent or legal guardian.
Public place.
Any public street, highway, road, alley, park, playground,
public building, parkway or vacant lot.
Remain.
To stay behind, to tarry and stay unnecessarily upon a public
place, including congregating in groups totaling four (4) or more
juveniles in which any minor included would not be using the public
place for an ordinary or serious purpose such as passage or going
home. To implement this definition with more precision and precaution,
numerous exceptions will be provided hereinafter to indicate that
this is not a mere prohibitory or presence type curfew ordinance.
More exceptions become available to juveniles with increasing years
and advancing maturity as appropriate in the interest of reasonable
regulation.
Time of night.
The prevailing local standard time at the date in question,
whether central standard time or central daylight savings time, as
observed by the public. The time maintained by the city police department
shall be the prima facie evidence of the time of day for continued
implementation of this division.
Years of age.
The time from one birthday, such as the sixteenth, to the
next, but not including the day of the next birthday. Thus, upon a
person’s seventeenth birthday, he or she will cease to be a
juvenile regulated by this division.
(2001 Code, sec. 8.701)
It shall be unlawful for any person sixteen (16) years of age
or younger to be or remain in or upon any public place or in or upon
any establishment within the city during the following times:
(1) 11:00
p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00
a.m. of the following day; and
(2) 12:01
a.m. until 6:00 a.m. on any Saturday or Sunday.
(Ordinance 410 adopted 3/13/07)
It shall be unlawful for a parent knowingly to permit or by
insufficient control to allow a juvenile in his or her care to be
or remain in any public place or to be or remain in any establishment
other than for excepted activities during the curfew hours established
by this division. The term “knowingly” includes knowledge
which a parent should reasonably be expected to have concerning the
whereabouts of a juvenile in such parent’s custody. It shall
be prima facie evidence of violation of this section if a responsible
parent has no knowledge of a juvenile’s whereabouts during the
hours of curfew established by this division. The purpose of this
section is to require neglectful or careless parents to meet the community
standard of parental responsibility.
(2001 Code, sec. 8.704)
It shall be unlawful for the owner or operator of a business
establishment to allow a juvenile to remain upon such business premises
during the hours of curfew established in this division beyond the
time necessary to conduct an excepted activity. It shall be no defense
to this section that juvenile made a purchase, if the juvenile did
not immediately make such purchase upon arrival and depart immediately
thereafter. It shall be a defense to prosecution under this section
that the owner or operator of such business establishment has promptly
notified the city police department that juveniles present on the
premises after hours have refused to depart.
(2001 Code, sec. 8.705)
Prevailing community standards as reflected by this division require the availability of criminal penalties in order for this division to be a viable instrument for the maintenance of such standards. Consequently, violation of this division by a juvenile, parent or business establishment owner or operator shall be deemed to be a misdemeanor punishable by a fine in accordance with the general penalty provision found in section
1.01.009 of this code. Each day any violation continues constitutes a separate offense.
(2001 Code, sec. 8.707)