Chapter 9.12 — CURFEW

It is unlawful for:

(a)

Any minor to remain in any public place or on the premises of any establishment within the town during curfew hours;

(b)

Any parent or guardian or a minor to knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the town during curfew hours;

(c)

Any owner, operator or any employee of an establishment to knowingly allow a minor to remain in or upon the premises of the establishment during curfew hours.

(Ord. 825 § 2 (part), 1997)

(a)

Curfew Hours. "Curfew hours" is defined as eleven p.m. on any day of the week until six a.m. of the following day.

(b)

Emergency. "Emergency" means a sudden, unexpected occurrence that poses clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health or property. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident.

(c)

Establishment. "Establishment" means 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, or any cafe, restaurant, eating place, tavern or bar.

(d)

Guardian. "Guardian" means:

(1)

A person who, under court order, is the guardian of the person of a minor; or

(2)

A public or private agency with whom a minor has been placed by a court.

(e)

Minor. "Minor" means any person under eighteen years of age.

(f)

Operator. "Operator" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the member or partners of an association or partnership and the officers of a corporation.

(g)

Parent. "Parent" means

(1)

A natural parent, adoptive parent, or step-parent of another person; or

(2)

A person at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.

(h)

Public place. "Public place" is defined as any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, public squares, parks, and the common areas of schools, apartment houses, office buildings, transport facilities and shops.

(i)

Remain. "Remain" means to:

(1)

Linger or stay; or

(2)

Fail to leave the public place or the premises of the subject establishment when requested to do so by a police officer or the owner, operator, or other person in control of the public place or the premises of the subject establishment.

(Ord. 825 § 2 (part), 1997)

(a)

It is a defense to prosecution under Section 9.12.010(a) that the minor was:

(1)

Accompanied by the minor's parent or guardian;

(2)

On an errand at the direction of the minor's parent or guardian, without any detour or stop;

(3)

In a motor vehicle involved in interstate travel;

(4)

Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5)

Involved in an emergency;

(6)

Attending, with the consent of the minor's parent or guardian, a school, religious, sports, cultural, amusement or recreational activity supervised by adults, or traveling directly to or returning directly home, without a detour or stop, from such a school, religious, sports, cultural, amusement or recreational activity supervised by adults;

(7)

Within one hundred feet of the minor's residence;

(8)

Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and/or the right of assembly; or

(9)

Emancipated as provided under state law.

(b)

It is a defense to prosecution under Section 9.12.010(c) that:

(1)

Section 9.12.030(a) provides the minor one or more defense(s) to prosecution under Section 9.12.010(a), regardless of whether the minor has been or will be prosecuted;

(2)

That the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(Ord. 825 § 2 (part), 1997)

Before taking any enforcement action under Section 9.12.010(a), a police officer shall ask the apparent offender's age and reason for being in the public place or in the establishment, as the case may be. 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 on any response and other circumstances, no defense in Section 9.12.030(a) is present.

(Ord. 825 § 2 (part), 1997)

Any person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Any person who violates the offenses described in this chapter shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure.

(Ord. 825 § 2 (part), 1997)