Sec. 62-131Juvenile curfew authorized

(a) It is unlawful for any person 16 years of age or younger to loiter, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots or any place unsupervised by an adult having the lawful authority to be at such places, between the hours of 11:00 p.m. on any day and 6:00 a.m. of the following day; however, on Fridays and Saturdays the effective hours are between 12:00 midnight and 6:00 a.m. of the following day. The provisions of this section shall not apply in the following instances:

(1) When a minor is accompanied by his parent, guardian or other adult person having the lawful care and custody of the minor;

(2) When the minor is upon an emergency errand directed by his parent or guardian or other adult person having the lawful care and custody of such minor;

(3) When the minor is returning directly home from a school activity or entertainment, school-sponsored or school-related sports event, recreational activity or dance;

(4) When the minor is returning directly home from lawful employment that makes it necessary to be in the above-referenced places during the proscribed period of time;

(5) When the minor is attending or traveling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly or free exercise of religion;

(6) When the minor is in a motor vehicle with parental consent for normal travel, with travel through the city excepted in all cases from the curfew.

Any acts made unlawful by the provisions of this section shall be subject to the juvenile code of this state.

(b) It shall be unlawful for the parent, guardian or other person having custody or control of any child 16 years of age or younger to permit, or by insufficient control, to allow such child to be in or upon the public streets or any other places listed in subsection (a) of this section within the city between the hours of 11:00 p.m. on any day and 6:00 a.m. of the following day, or on Fridays and Saturdays between the hours of 12:00 midnight and 6:00 a.m. of the following day, except in circumstances set out in subsection (a). Upon conviction of violation of this section for the first time, a person shall be given a warning citation. Upon further convictions, a person shall be subject to such punishment as the municipal court may impose, subject to all limitations contained in the Charter of the city. Each violation of this section shall constitute a separate offense.

(c) The chief of police shall be required to submit a quarterly report for up to one year after the effective date of the ordinance from which this section derives to the city council to monitor the continuing need and effectiveness of this section.

History: (Ord. No. 94-01, § 1(13-10), 2-3-1994)