9.15.010 Curfew hours for minors.
A. Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action.
“Guardian” means a person who, under court order, is the guardian of the person of a minor or a public or private agency with whom a minor has been placed by an authorized agency or court; or is at least 21 years of age and authorized by a parent or guardian to have the care and custody of a minor.
“Insufficient control” means failure to exercise reasonable care and diligence in the supervision of the juvenile.
“Minor” means any person under 18 years of age.
“Parent” means a person who is a natural parent, adoptive parent or stepparent of another person.
B. Offenses.
1. It is unlawful for any minor under the age of 16 years to be in, about or upon any place in the city away from the property where the minor resides between the hours of 10:00 p.m. and 5:00 a.m. of the following day.
2. It is unlawful for any minor 16 years of age or older and under the age of 18 years to be in, about or upon any place in the city away from the property where the minor resides between the hours of 12:00 a.m. and 5:00 a.m.
3. It is unlawful for a parent, guardian or other person having supervisory custody of a minor to knowingly permit or, by insufficient control, allow the minor to violate the provisions of subsection (B)(1) or (2) of this section, except as expressly provided herein. It shall not constitute a exception hereto that such par-ent, guardian or other person having responsibility for the minor did not have actual knowledge of the minor’s violation of subsection (B)(1) or (2) of this section, if such parent, guardian or other person having responsibility for the minor, in the exercise of reasonable care and diligence, should have known of the aforementioned unlawful acts of the minor.
4. It is unlawful for a parent, guardian or other person having the care, custody or supervision of a minor to fail or refuse to take custody of the minor after such demand is made upon the parent or guardian by a law enforcement officer who arrests the minor for violation of subsection (B)(1) or (2) of this section.
C. Exceptions. It is an exception to prosecution under subsection (B) of this section, including subsection (B)(3) of this section, that the minor was:
1. Accompanied by the minor’s parent or guardian or an adult having supervisory custody of the minor;
2. With prior permission of the parent or guardian or an adult having supervisory custody, in a motor vehicle involved in interstate travel;
3. With prior permission of the parent or guardian or an adult having supervisory custody, in an employment activity or going to or returning home from an employment activity without a detour or stop by the most direct route;
4. On an emergency errand;
5. On reasonable, legitimate and specific business or activity directed or permitted by a parent, guardian or other adult person having the care, custody or supervision of such minor, or going to or returning home from such business or activity without a detour or stop by the most direct route;
6. Engaged in a reasonable and legitimate exercise of First Amendment rights protected by the United States Constitution with prior permission of the parent or guardian or an adult having supervisory custody;
7. Married and 16 years of age or over, or in the military;
8. On the sidewalk abutting their residence or on the next door neighbor’s property with the consent of the neighbor.
D. Enforcement.
1. Before taking any enforcement action under this section, a police officer shall attempt to ascertain the apparent offender’s age and reason for being in the place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based upon the circumstances, the minor’s responses and minor’s conduct, no exception as provided in subsection (C) of this section is probably present.
2. In addition to any other powers a law enforcement officer may have, any law enforcement officer who arrests a minor for violating any of the provisions of subsection (B)(1) or (2) of this section is also empowered to demand of the parent, guardian or adult having supervisory custody that such parent, guardian or other adult come and take the minor into custody. The law enforcement officer is also empowered to take the minor to a designated location where arrangements can be made for a parent, guardian, an adult having supervisory custody or other appropriate party to take custody of the minor. Should there be a failure of the parent, guardian or other person to take custody of such minor, the officer may then be empowered to take the minor home.
E. Separate Offenses. Each violation of the provisions of subsection (B) of this section shall constitute a separate offense.
F. Penalties.
1. Any person who violates subsection (B)(1), (2) or (4) of this section is guilty of a class 1 misdemeanor. This offense is designated as an incorrigible offense for minors under the jurisdiction of the juvenile court.
2. Any person who violates subsection (B)(3) of this section shall be guilty of a petty offense. [Code 2006 § 10-1-4].