HomeMy WebLinkAboutORDINANCE NO. 801 JUVENILE CURFEWORDINANCE NO. 801
AN ORDINANCE AMENDING CITY ORDINANCE NO. 789, WHICH CREATED THE
ORDINANCE ENTITLED "JUVENILE CURFEW'; STATING THE PURPOSE OF THE
ORDINANCE; DEFINING TERMS; CREATING OFFENSES FOR MINORS, PARENTS
AND GUARDIANS OF MINORS AND FOR BUSINESS ESTABLISHMENTS
VIOLATING CURFEW REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR
ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING A SEVERABILITY
CLAUSE AND PROVIDING FOR; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING WHEN THIS
ORDINANCE SHALL BECOME EFFECTIVE.
WHEREAS, the City Council for the City of Rexburg had previously determined that
there is a significant community-wide problem regarding juvenile violence, juvenile vandalism
and crimes by persons under the age of eighteen within the City Limits; and
WHEREAS, persons under the age of eighteen are particularly prone by their lack of
maturity and experience, to participate in unlawful activities after daylight, and to be victims of
older perpetrators of crime; and
WHEREAS, the City desires to provide for the protection of minors from each other and
from other persons and to encourage parental control over and responsibility for children, to
protect the general public, and to reduce juvenile criminal activities; and
WHEREAS, it appears to the Mayor and City Council of the City of Rexburg, Idaho, that
a curfew for those under the age of eighteen will be in the best interests of the public health,
safety and welfare and will help to attain the foregoing objectives and will diminish the
undesirable impact of such conduct on the community and the citizens of the City of Rexburg;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF REXBURG, AS FOLLOWS:
SECTION I. Purpose: The purposes of this Ordinance 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
community and citizens of the City of Rexburg.
SECTION II. Definitions: Certain words and phrases used in this chapter are
defined as follows:
CURFEW HOURS: The hours between 11:00 p.m. and 5:00 a.m. the next day, beginning on
Sundays and running until Thursdays of each week, and, and from
12:30 a.m. to 5:00 a.m. the next day on Saturday and Sunday mornings.
(Commonly known as Friday and Saturday nights from 12:30 a.m. to
5:00 a.m.).
EMERGENCY: An unforseen 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, but not limited to, any place of amusement or
entertainment.
ORDINANCE NO. 801 -1-
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.
NlINOR: Any person under the age of eighteen (18) years.
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 common areas of
schools, hospitals, apartment houses, office buildings, transportation
facilities, shopping malls, public parking lots and commercial
businesses.
SECTION III. Juvenile Curfew: Any minor who is found in any public place or
on the premises of any establishment within the City during curfew hours is guilty of a
misdemeanor.
SECTION IV. Parental Violation of Curfew Hours: Any parent or guardian of a
minor is guilty of a misdemeanor if he or she knowingly permits, or by culpable indifference
allows, such minor to be found in any public place or on the premises of any establishment
within the City during curfew hours.
SECTION V. Violation of Curfew Hours by Business Establishment: Any
owner, operator or any employee or other person in control of an establishment is guilty of a
misdemeanor if he or she knowingly or willingly allows any minor to be upon the premises of the
establishment during curfew hours.
SECTION VI. Defenses: The following shall be a defense to prosecution under
this Ordinance:
(A) It is a defense to prosecution if 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
detours or stops;
(3) In a motor vehicle involved in interstate travel, passing through the City to some
destination other than the City, provided there be no detours or stops other than as
necessary to accomplish the travel;
(4) Engaged in employment activity, or going to an employment activity or returning to the
minor's place of residence from an employment activity, without any detours or stops;
(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 religious,
charitable, fraternal, civil or other similar organization organized by adults, or going to or
returning home from such activities, without detours or stops;
(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 V that the owner, operator or
employee of an establishment asked the minor to leave the premises and promptly notified the
Police Department that a minor is present on the premises of the establishment during curfew
hours and refuses to leave.
SECTION VH. Enforcement: Before taking any enforcement action under this
Ordinance, a peace officer shall ask the apparent offending minor's age and reason for being in
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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 a violation 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 Ordinance shall immediately take the minor to the police station and
summon his or her parent or guardian. If the minor's parent or guardian arrive within a
reasonable period of time, the minor 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
Department or shall be turned over to juvenile authorities and thereafter shall remain in their
custody in the manner provided by law.
SECTION VIII. Penalties: Any person who violates a provision of this chapter
shall be guilty of a misdemeanor and punished pursuant to Idaho Code, Section 18 -113, as
amended, and with the following qualifications:
(A) Upon a second conviction within a three year period, of a parent or guardian for a
violation of Section IV of this Ordinance, the parent or guardian shall be fined no less than One
Hundred Dollars ($100.00) in conjunction with any other sentence or costs deemed appropriate
by the Court.
(B) Upon a third or greater conviction within a three year period, of a parent or
guardian for a violation of Section IV of this Ordinance, the parent or guardian shall be fined no
less than Two Hundred and Fifty Dollars ($250.00) in conjunction with any other sentence or
costs deemed appropriate by the Court.
SECTION IX: This ordinance shall be in full force and effect from and after its passage,
approval and due publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 3rd day of
December, 1997.
Y L'
Nile L. Eioyle, Mayor
ATTEST:
Rose Bagley, W rk
(Seal)
STATE OF IDAHO )
)ss.
County of Madison )
I, ROSE BAGLEY, City Clerk of the City of Rexburg, Idaho, do hereby certify: That
the above and foregoing is a full, true and correct copy of the Ordinance entitled:
AN ORDINANCE AMENDING CITY ORDINANCE NO. 789, WHICH CREATED THE
ORDINANCE ENTITLED "JUVENILE CURFEW"; STATING THE PURPOSE OF THE
ORDINANCE; DEFINING TERMS; CREATING OFFENSES FOR MINORS, PARENTS
AND GUARDIANS OF MINORS AND FOR BUSINESS ESTABLISHMENTS
VIOLATING CURFEW REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR
ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING A SEVERABILITY
CLAUSE AND PROVIDING FOR; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCE NO. 801 -3-
®,.
ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING WHEN THIS
ORDINANCE SHALL BECOME EFFECTIVE.
Passed by the City Council and approved by the Mayor this 3rd day of December, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
City of Rexburg, Idaho, this 3rd day of December, 1997.
(Seal)
ORDINANCE NO. 801
r
City Clerk
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