Chapter 7.12 — CURFEW FOR MINORS NOT ENGAGED IN CERTAIN

The City Council declares its purpose and intent in enacting this chapter is as follows:

.010 The rate of juvenile crime increases with age between ten and sixteen years of age, and crimes committed by such juveniles is most likely to occur between 10:00 p.m. and 1:00 a.m. Jurisdictions which have controlled juvenile movement during these periods experienced a significant decline in crime rates and non-criminal vandalism and mischief.

.020 Juveniles have also increasingly been the targets of crime and the adoption of a curfew will assist in combating this trend.

.030 This curfew is implemented to supplement and reinforce parental authority to control the movements of minors during the time of peak criminal activity.

.040 Juveniles are among the most vulnerable persons in our society and are generally poorly equipped to make critical decisions regarding the behavior. (Ord. 5124 § 2 (part); May 8, 1990: Ord. 5831 § 4 (part); October 15, 2002.)

.010 For purposes of this chapter, "minor" shall mean any unemancipated or unmarried person under the age of seventeen years.

.020 For purposes of this chapter, "parent" shall mean a natural parent, adoptive parent, step parent, legal guardian or foster parent and those persons over the age of eighteen years designated by a parent to have custody and control of a minor.

.030 For purposes of this chapter, "emergency" shall mean unforeseen circumstances the consequences of which require immediate action to prevent bodily injury, loss of life or damage to property.

.040 "Public place" shall mean any place to which the public or a substantial group of the public has access. (Ord. 5124 § 2 (part); May 8, 1990: Ord. 5831 § 4 (part); October 15, 2002.)

.010 It shall be unlawful for any minor to be present or to remain in or upon any public place, vacant lot or business establishment between the hours of 10:00 p.m. and 5:00 a.m. of the following day.

.020 The curfew set forth in the preceding paragraph shall not apply in the following circumstances:

.0201 When the minor is accompanied by a parent, as defined herein, or is performing a task or undertaking an activity at the direction of his or her parent.

.0202 When the minor is on a public or private sidewalk in front of his or her own dwelling or a dwelling directly adjacent to the minor's dwelling.

.0203 When the minor is acting within the course and scope of his or her employment or business or is going to or from such place of employment by a reasonably direct route or is going to or from a bona fide interview for employment.

.0204 When the minor is going to or from, or is engaged in, educational, recreational, charitable, cultural, religious or other expressive activity within the scope of his or her rights under the First Amendment to the Constitution of the United States which

is supervised or overseen by an adult person on behalf of any non-profit, educational or governmental organization.

.0205 When the minor is a registered volunteer at any shelter, hospital, school or other charitable institution and is going to or from such activity in a reasonably direct route to or from the minor's home.

.0206 When the minor is responding to an emergency situation with or without parental consent.

.0207 When the minor is in a vehicle engaged in interstate travel. (Ord. 5124 § 2 (part); May 8, 1990: Ord. 5831 § 4 (part); October 15, 2002.)

Every Police Officer is hereby authorized and empowered to request from any person whom the officer has reasonable cause to believe is in violation of Section 7.12.030 appropriate information as to age and activity reasonably necessary to determine whether a violation of this chapter exists consistent with the constitutional rights of such persons. (Ord. 5124 § 2 (part); May 8, 1990: Ord. 5831 § 4 (part); October 15, 2002.)