Chapter 9.40 — CURFEW FOR MINORS

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 means the period from 10:00 p.m. any evening of the week, until 6:00 a.m. the following day.

Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term "emergency" includes, but is not limited to, a fire, natural disaster, an automobile accident or a situation requiring the immediate action to prevent serious bodily injury or loss of life.

Establishment means any privately owned place of business operating for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

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 the court.

Minor means any person under 18 years of age.

Parent means a person who is a natural parent, adoptive parent, or step-parent of another person.

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

Responsible adult means a person at least 18 years of age, authorized by a parent or guardian to have the care and custody of a minor.

Serious bodily injury means 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.

(Code 1990, § 9.32.010; Ord. No. 07-03, § 1(exh. A), 2007)

(a)

It is unlawful for any minor to be present in any public place or on the premises of any establishment within the Town during curfew hours.

(b)

It is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow the minor to be present in any public place or on the premises of any establishment within the Town during curfew hours.

(c)

It is a defense to prosecution under Subsection (a) or (b) of this section that the minor was:

(1)

Accompanied by the minor's parent or guardian, or by a responsible adult;

(2)

On an errand at the direction of the minor's parent or guardian, or the responsible adult, 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)

On the street, sidewalk or right-of-way abutting the minor's residence;

(7)

Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the Town or County, a civic organization, or another similar entity that takes responsibility for the minor;

(8)

Exercising First Amendment rights protected by the United States Constitution; or

(9)

Emancipated pursuant to law.

(d)

Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reasons for being in the public place or on the premises of the establishment during curfew hours.

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 responses and other circumstances, no defense under Subsection (c) of this section is present or applicable.

(e)

Each violation of this section shall constitute a separate offense.

(Code 1990, § 9.32.020; Ord. No. 07-03, § 1 (exh. A), 2007)

Any minor violating the provisions of Section 9.40.020 shall be guilty of a misdemeanor and shall be dealt with in accordance with juvenile court law and procedure.

(Code 1990, § 9.32.030; Ord. No. 07-03, § 1 (exh. A), 2007)