The purpose of this Chapter is to cover all ordinances that deal generally with the promotion of public health, safety and welfare and excepting only those ordinances dealing with the subject of sanitation or with subjects that are more appropriately located in other titles of this Code.
The Council of the County of Kaua'i finds and declares that:
(a)
The County Council has a responsibility to protect the health, safety, welfare and morals of the citizens of Kaua'i.
(b)
In carrying out this responsibility, it is in the best interest of the juveniles on Kaua'i to regulate their presence in public streets and other public places during certain night time hours.
(c)
Parents and guardians of minors have a legal as well as a moral obligation to supervise and care for minors in their charge.
(d)
The necessity in the public interest for the provisions and prohibitions contained and enacted in this Article is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions contained and enacted in this Article are in pursuance of and for the purpose of securing and promoting the health, safety, welfare and morals of juveniles on Kaua'i and the peace and quiet of the island and its inhabitants.
(Ord. No. 119, September 16, 1964; Sec. 24, C.O. 1971; Ord. No. 241, December 27, 1974; Sec. 22-1.1, R.C.O. 1976)
When used in this Article the following words or phrases shall have the meaning given in this Section unless it shall be apparent from the context that a different meaning is intended:
means remaining idle in essentially one (1) location and shall include the concept of spending time idly: loafing, lingering, or walking about aimlessly and shall also include the colloquial expression "hanging around."
means any place to which the general public has access and the right to resort for business, entertainment or other lawful purposes, but does not necessarily mean a place devoted solely to the use of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern or sponsored group such as the YMCA, Boy Scouts of America, and other similar organizations, having a responsible adult leader or advisor.
(Ord. No. 241, December 27, 1974; Sec. 22-1.2, R.C.O. 1976)
(a)
It shall be unlawful for any person under the age of eighteen (18) years to be walking, running, loitering, playing or motoring in or upon any public street, highway, road, alley, public place, dock, wharf, vacant premises or other unsupervised area within the County of Kaua'i, between the hours of 10:00 p.m. and 6:00 a.m. of the following day from Sunday to Thursday, and between the hours of midnight and 6:00 a.m. the following day on Fridays and Saturdays, unless accompanied by a parent, guardian or other adult person having the care and custody of the minor or duly appointed by the minor's parent or guardian, or where the minor is upon an emergency errand, or where the minor is traveling to and from a bona fide school or recognized club function, or engaged in lawful employment making it necessary to be in those places during curfew hours.
(b)
Each violation of the provisions of this Section shall constitute a separate offense.
(Sec. 24, C.O. 1971; Ord. No. 241, December 27, 1974; Sec. 22-1.3, R.C.O. 1976)
(a)
It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of eighteen (18) years to knowingly permit a minor to walk, run, loiter, play or motor in or upon any public street, highway, road, alley, public place, dock, wharf, vacant premises or other unsupervised area within the County of Kaua'i during the curfew hours imposed by Section 22-1.3, except in case of necessity or when the minor is accompanied by a parent, guardian or other adult person having the care and custody of the minor or duly appointed by the minor's parents or guardian.
(b)
Each violation of the provisions of this Section shall constitute a separate offense.
(Ord. No. 241, December 27, 1974; Sec. 22-1.4, R.C.O. 1976)
Every member of the police force while on duty is authorized to detain any minor willfully violating the provisions of Section 22-1.3 until the parent or guardian shall take the minor into custody; but the officer shall immediately upon taking custody of the minor communicate with the parent or guardian.
(Ord. No. 241, December 27, 1974; Sec. 22-1.5, R.C.O. 1976)
Any minor convicted of violating Section 22-1.3 shall be dealt with in accordance with Family Court law and procedure. Any parent, guardian or other adult person having the care and custody of a minor convicted of violating Section 22-1.3 and who knowingly or negligently permitted the minor to violate any provision of this Article shall be fined not more than one hundred dollars ($100.00) for each offense of the minor.
(Ord. No. 119, September 16, 1964; Sec. 24, C.O. 1971; Ord. No. 241, December 27, 1974; Sec. 22-1.6, R.C.O. 1976)