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.