The city council is concerned with the level of juvenile violence,
juvenile gang activity, and juvenile crime in the city. The crimes
being committed by juveniles include serious offenses such as murders,
driveby shootings, drug-related crimes and other gang-related activities.
Juveniles are particularly susceptible by their lack of maturity and
experience to participate in unlawful and gang-related activities
and to be victims of older perpetrators of crimes. Recent local statistics
regarding juvenile crime and victimization indicate that enforcement
of a curfew for juveniles decreases the percentage of juvenile victimization
and increases the number of arrests for violent crimes during curfew
hours. The city council believes that having an enforceable juvenile
curfew ordinance is critical to preserving the public health, safety
and welfare.
(Ord. 271, 1997)
For the purposes of this chapter, the following terms shall
be defined as follows:
"Curfew hours"
mean the period from eleven p.m. any evening of the week,
until five a.m. the following day.
"Emergency"
means the unforeseen combination of circumstances or the
resulting state that calls for immediate action. The term includes,
but is not limited to, a fire, natural disaster, an automobile accident
or any situation requiring immediate action to prevent serious bodily
injury or loss of life.
"Establishment"
means 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"
means
1.
A person who, under court order, is the guardian of the person
of a minor; or
2.
A public or private agency with whom a minor has been placed
by the court. "Minor" means any person under eighteen years of age.
"Parent"
means a person who is a natural parent, adoptive parent,
or stepparent of another person.
"Public place"
means 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.
"Responsible adult"
means a person, at least eighteen years of age, authorized
by a parent or guardian to have the care and custody of a minor.
"Serious bodily injury"
means bodily injury that creates a substantial risk of death
or that causes death, serious permanent disfigurement or protracted
loss or impairment of the function of any bodily member or organ.
(Ord. 271, 1997)
Any person violating any provision of this chapter shall be
deemed guilty of a misdemeanor and upon conviction shall be fined
in an amount not to exceed five hundred dollars or by imprisonment
for a period of not more than six months in the county jail, or by
both such fine and imprisonment. Minors shall be dealt with in accordance
with juvenile court law and procedure.
(Ord. 271, 1997)