The purpose of this chapter is to provide for the protection of minors
from each other and from other persons, to provide for the enforcement of
parental control over and responsibility for children, to protect the general
public and reduce the incidence of juvenile criminal activities pursuant to
the city's power to promote the health, safety and general welfare of its
citizens.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
CURFEW HOURS
A.
From 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday
until 6:00 a.m. of the following day; and
B.
One minute after 12:00 a.m. until 6:00 a.m. on any Friday or Saturday.
EMERGENCY
An 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, automobile accident or any situation requiring immediate
action to prevent serious bodily injury or loss of life.
ESTABLISHMENT
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
A.
A person who, under court order, is the guardian of the person of a
minor; or
B.
A public or private agency with which a minor has been placed by a court.
MINOR
Any person under 17 years of age.
OPERATOR
Any individual, firm, association, partnership or corporation operating,
managing or conducting any establishment. The term includes the members or
partners of an association or partnership and the officers of a corporation.
PARENT
A person who is:
A.
A natural parent, adoptive parent or stepparent of another person; or
B.
At least 18 years of age and authorized by a parent or guardian to have
the care and custody of a minor.
PUBLIC PLACE
Any place to which the public or a substantial group of the public
has access and includes, but is not limited to, parks, streets, highways and
common areas of schools, hospitals, apartment houses, office buildings, transport
facilities and shops.
REMAIN
B.
To fail to leave premises when requested to do so by a police officer
or the owner, operator or other person in control of the premises.
SERIOUS BODILY INJURY
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.
Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in §
98-5 of this chapter is present.
Any person who violates the provision of this chapter is guilty of a misdemeanor and of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable as provided in §
1-20.