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HomeMy Public PortalAboutORD 66_Juvenile Curfew_07301996L Law Offices HOLDEN, KIDWELL, HAHN & CRAPO, P.L.L.C. es FREDJ.HAHN KENT W. FOSTER ROBERT E. FARNAM WILLIAM D. FALER STEPHEN E. MARTIN CHARLES A. HOMER GARY L. MEIKLE GAYLE A. SORENSON, P.A. DONALD L. HARRIS, P.A. DALE W.STORER MARIE T. TYLER JOHN G. SIMMONS ROBERT M.FOLLETT FREDERICK J. HAHN, III Mayor Karen Hansen City of Iona Box 487 Iona, Idaho 83427 WEST ONE BANK BLDG. Arthur W. Holden 330 SHOUP AVENUE, THIRD FLOOR (1877-1967) P.O. BOX 50130 Robert B. Holden IDAHO FALLS, IDAHO 83405 (1911-1971) Terry L. Crapo (1939-1982) William S. Holden TELEPHONE (208) 523-0620 (1907-1988) TELEFAX (208) 523-9518 E-MAIL HOLDNLAW®SRV.NET July 30, 1996 Re: Juvenile Curfew Ordinance Dear Mayor Hansen: Enclosed is a slightly revised draft of the Juvenile Curfew Ordinance. This ordinance revises the prior draft to expand the curfew hours to 11:00 p.m. until 5:00 a.m. of the following day, with respect to minors who are 15 years of age or younger. If the same is acceptable, please let me know and I will prepare a separate ordinance providing for the adoption of this chapter of your City Code. In its current form, this ordinance will need to be adopted after your City Code is adopted and in place. I have sent what I hope is a final draft to Craig Rockwood of your City Code and you may wish to visit with him on the status of his current review thereof. He was also going to check with Rick at Eagle Press to obtain a quote for the publication charges and to have Rick prepare the logo for the title page and the form of the seal to be inserted in Title 1. Please let me know if I can be of further assistance in this regard. Enclosure cc: Craig Rockwood G:\WPDATA\DW S13400\HANS0730.LTR:cs Very truly yours, Dale W. Storer Attorney at Law es CHAPTER 11 JUVENILE CURFEW SECTION: 5-11-1: Purpose 5-11-2: Definitions 5-11-3: Juvenile Curfews 5-11-4: Parental Violation of Curfew Hours 5-11-5: Violation of Curfew Hours by Business Establishments 5-11-6: Defenses 5-11-7: Enforcement 5-11-8: Penalties 5-11-1: PURPOSE: The purposes of this chapter are: (A) To regulate and prohibit minors from remaining in public places during certain hours of the day; (B) To protect minors from each other and from other adult perpetrators of crime; (C) To reduce nocturnal juvenile crime and juvenile delinquency; (D) To promote family responsibility and parental control over their children; and (E) To protect and promote the peace, health, safety, welfare and tranquility of the inhabitants of the City. 5-11-2: DEFINITIONS: Certain words and phrases used in this chapter are defined as follows: CURFEW HOURS: The hours between 1:00 a.m. and 5:00 a.m. on every day of the week with respect to any minor fifteen (15) years of age or older, and the hours between 11:00 p.m. and 5:00 a.m. of the following day, with respect to any minor who is under fifteen (15) years of age. EMERGENCY: An unforeseen combination of circumstances or the resulting state, that calls for immediate action to prevent, control or minimize serious bodily injury, death or significant loss of property. EMPLOYMENT The performance of any responsibilities or duties ACTIVITY: expressly or impliedly required as a condition of employment of a minor. ESTABLISHMENT: 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. GUARDIAN: A guardian is: 1) a person who, under court order, is the guardian of the person of a minor; 2) a public or private agency with whom a minor has been placed by order of a court; or 3) a person to whom a parent or guardian has delegated any of his or her powers with respect to a minor pursuant to Section 15-5-104 of the Idaho Code. MINOR: Any person under eighteen (18) years of age. OPERATOR: Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation which owns or operates an establishment. PARENT: A person who is a natural parent, adoptive parent or step-parent of a minor. PUBLIC PLACE: Any place to which the general public has access including, but not limited to, streets, highways, alleys, sidewalks and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, shopping malls, public parking lots and commercial businesses. REMAIN: To linger or stay or to fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of an establishment. 5-11-3: JUVENILE CURFEW: Any minor who remains in any public place or on the premises of any establishment within the City during curfew hours is guilty of an infraction. 5-11-4: PARENTAL VIOLATION OF CURFEW HOURS: Any parent or guardian of a minor is guilty of an infraction if he or she knowingly permits, or by culpable indifference allows, such minor to remain in any public place or on the premises of any establishment within the City during curfew hours. 5-11-5: VIOLATION OF CURFEW HOURS BY BUSINESS ESTABLISHMENT: Any owner, operator or any employee or other person in control of an establishment is guilty of an infraction if he or she knowingly or willingly allows such minor to be upon the premises of the establishment during curfew hours. 5-11-6: DEFENSES: (A) It is a defense to prosecution under this chapter that the offending minor was: 1. Accompanied by the minors parent or guardian; 2. On an errand at the express direction of the minors parent or guardian, without any detour or stop; 3. In a motor vehicle involved in interstate travel; 4. Engaged in employment activity, or going to an employment activity or returning to the minors place of residence, without any detour or stop; 5. Involved in an emergency; 6. Within the yard or upon the sidewalk abutting the minors residence or abutting the residence of another adult with whom the parent or guardian of such minor has expressly placed temporary custody of the minor. 7. Attending an officially -sponsored school, religious or other recreational, cultural or educational activity supervised by adults and sponsored by a public entity or a religious, charitable, fraternal, civic or other similar organization organized by adults, or going to or returning home from such activities, without any detour or stop; 8. Exercising First Amendment Rights protected by the United States Constitution or rights protected by Article I Section 9 of the Constitution of the State of Idaho; 9. Is married or has had the disabilities of minority removed in the manner provided by law. (B) It is a defense to prosecution under section that the owner, operator or employee of an establishment asked the minor to leave the premises and promptly notified the City Police Division that a minor is present on the premises of the establishment during curfew hours and refuses to leave. 5-11-7: ENFORCEMENT: Before taking any enforcement action under this section, a peace officer shall ask the apparent offending minors age and reason for being in the public place or establishment. The peace officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an infraction has occurred and that, based on any response and all other circumstances, no defense is present. Any peace officer who arrests a minor under this chapter shall immediately take the minor to the police station and summon his or her parent or guardian. If the minors parents or guardian arrive within a reasonable period of time, the minor shall be remanded to the custody of the parent or guardian and shall be released upon the recognizance of his or her parent or guardian. If the parent or guardian cannot be located or does not appear at the police station within a reasonable period of time, the minor shall be kept in the custody of the Police Division or shall be turned over to juvenile authorities and thereafter shall remain in their custody in the manner provided by law. 5-11-8: PENALTIES: (A) Any person who violates a provision of this chapter, shall, upon his or her first conviction, be punishable by a fine not to exceed $50.00. (B) Any person who violates a provision of this chapter within three years after another conviction for any other violation under this chapter, shall be punishable, upon conviction, by a fine not to exceed $300.00.