A.
Title: This section shall be known as the PARENTAL RESPONSIBILITY LAW.
B.
Definitions: For the purpose of this section, the following terms shall have the meanings ascribed to them in this subsection:
CHILD: | Any unemancipated person, male or female, under the age of eighteen (18) years. |
PARENT: | The mother, father, or both (both being referred to in the singular as "parent"), guardian or other adult having the legal care, custody or control of a child. |
C.
Curfew Hours: No parent shall allow his or her child to remain in, on, or occupy any area of the public streets, roads, alleys, parks, play-grounds, any other public grounds, places of amusement, places of entertainment, commercial establishments, or any unsupervised area between the hours of twelve o’clock (12:00) midnight and five o’clock (5:00) A.M., except as allowed under this section.
D.
Exemptions: A parent of the following children shall be exempt from the enforcement provisions of this section.
1.
A child accompanied by his parent;
2.
A child engaged in lawful employment;
3.
A child on an errand or on legitimate business pursuant to instructions from his parent;
4.
A child returning home from school or church sponsored activities, or from other activities supervised by an adult. The term "returning home" means immediately and directly after participation in such activity, without a broken chain of sequences and time between the end of such event and the time such child returns to his or her residence or such other place as shall be authorized by his or her parent.
E.
Enforcement Authority: Law enforcement officers of the city shall have authority to reasonably stop and momentarily detain a child to obtain his or her name, age and address, as well as the name and address of his or her parent whenever said law enforcement officer shall reasonably suspect that the parent of such child is in violation of subsection C of this section. Upon determining that the parent of such child is in fact in violation of subsection C of this section and not exempt under subsection D of this section, the law enforcement officer shall direct or deliver the child to the residence of his or her parent.
F.
Additional Provisions: This section shall in no way be construed to be contrary to existing ordinances or state laws pertaining to the arrest and apprehension of juveniles.
G.
Violation; Civil Infraction: Any violation of the provisions of this section shall be a civil infraction. Upon a parent’s first violation, notice thereof shall be given to the parent. Upon a second violation, an infraction shall be served on the parent and a hearing shall be held before the municipal judge, at which time the parent shall appear and answer to the charge of violating this section, Upon a determination by the municipal judge that a second violation has occurred, a penalty not less than twenty five dollars ($25.00) nor more than three hundred dollars ($300.00) shall be imposed upon the parent. Upon a third or subsequent violation involving the same child, the parent shall be subject to a penalty of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00).
(Ord. 386, 11-13-1990)