HomeMy Public PortalAboutTitle 5, Chapter 11- Juvenile CurfewTITLE 5 IONA CITY CODE
CHAPTER 11 (Revision: December 7, 2023) Page 134
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
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CHAPTER 11 (Revision: December 7, 2023) Page 135
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 ACTIVITY: The performance of any responsibilities or
duties 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,
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CHAPTER 11 (Revision: December 7, 2023) Page 136
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 CURFEWS. 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 ESTABLISHMENTS.
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 minor's parent or guardian;
(2) On an errand at the express 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 employment activity, or going to an employment activity or returning
to the minor's place of residence, without any detour or stop;
(5) Involved in an emergency;
(6) Within the yard or upon the sidewalk abutting the minor's 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
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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 5-11-5 that the owner, operator or employee of
an establishment asked the minor to leave the premises and promptly notified the
Bonneville County Sheriff 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 minor's 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 minor's 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.