[HISTORY: Adopted by the Town Council of the Town of Zolfo Springs 1-10-2000 by Ord. No. 2000-05. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- An unforeseen combination of circumstances which results in a situation that requires immediate attention to care for or prevent serious bodily injury, loss of life, or significant property loss. The terms includes, but is not limited to, a fire, a natural disaster, or an automobile accident.
- A privately owned place of business to which the public is invited, including but not limited to a place of amusement or a place of entertainment.
- Any person under 16 years of age.
- A person who has legal custody of a minor as a:
- PUBLIC PLACE
- A place to which the public has access, including but not limited to streets, highways, public parks, and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, and shops.
- To stay unnecessarily in a particular place.
A minor may not be or remain in a public place or establishment between the hours of 11:00 p.m. and 5:00 a.m. of the following day, Sunday through Thursday, except in the case of a legal holiday.
A minor may not be or remain in a public place or establishment between the hours of 12:01 a.m. and 6:00 a.m. on Saturdays, Sundays, and legal holidays.
A minor who has been suspended or expelled from school may not be or remain in a public place, in an establishment, or within 1,000 feet of a school during the hours of 9:00 a.m. to 2:00 p.m. during any school day.
A minor who violates this section shall receive a written warning for her or his first violation. A minor who violates this section after having received a prior written warning is guilty of a civil infraction and shall pay a fine of $50 for each violation.
If a minor violates a curfew and is taken into custody, the minor shall be transported immediately to a police station or to a facility operated by a religious, charitable, or civic organization that conducts a curfew program in cooperation with a local law enforcement agency. After recording pertinent information about the minor, the law enforcement agency shall attempt to contact the parent of the minor and, if successful, shall request that the parent take custody of the minor and shall release the minor to the parent. If the law enforcement agency is not able to contact the minor's parent within two hours after the minor is taken into custody, or if the parent refuses to take custody of the minor, the law enforcement agency may transport the minor to her or his residence or proceed as authorized under F.S. Ch. 39, Part III.
The parent of a minor has a legal duty and responsibility to ensure that the minor does not violate § 138-2A above.
The parent of a minor has a legal duty and responsibility to personally supervise, or arrange for a responsible adult to supervise, the minor so that the minor does not violate § 138-2B above.
The parent of a minor who knowingly permits the minor to violate § 138-2A or B shall receive a written warning for the first violation. A parent who knowingly permits the minor to violate § 138-2A or B after having received a prior written warning is guilty of a civil infraction and shall pay a fine of $50 for each violation.
Section 138-2 does not apply to a minor who is:
Accompanied by his or her parent or by another adult authorized by the minor's parent to have custody of the minor.
Involved in an emergency or engaged, with his or her parent's permission, in an emergency errand.
Attending or traveling directly to or from an activity that involves the exercise of rights protected under the First Amendment of the United States Constitution.
Going directly to or returning directly from lawful employment or who is in a public place or establishment in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged.
Returning directly home from a school-sponsored function, a religious function, or a function sponsored by a civic organization.
On the property of, or on the sidewalk of, the place where the minor resides or who is on the property or sidewalk of an adult next-door neighbor with that neighbor's permission.
Engaged in interstate travel or bona fide intrastate travel with the consent of the minor's parent.
Attending an organized event held at and sponsored by a theme park or entertainment complex as defined in F.S. § 509.013(9).
This chapter is intended to incorporate the provisions of F.S. §§ 877.20 through 877.24, as amended by the Legislature from time to time. Any amendments passed by the Florida Legislature shall be incorporated as if fully provided herein.