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Curfew

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LOS ANGELES, CALIFORNIA

City of Los Angeles Municipal Code - 03/31/99

CHAPTER IV - PUBLIC WELFARE

ARTICLE 5 - MINORS

SEC. 45.03. CURFEW RESTRICTIONS FOR MINORS.

(Amended by Ord. No. 172,012, Eff. 6/19/98.)

It is unlawful for any minor under the age of eighteen years to be present in or upon any public street, avenue, highway, road, curb area, alley, park, playground, or other public ground, public place, or public building, place of amusement or eating place, vacant lot or unsupervised place between the hours of 10:00 p.m. on any day and sunrise of the immediately following day; provided, however, that the provisions of this section shall not apply:

(a) the minor is accompanied by his or her parent or parents, legal guardian or other adult person having the lawful care or custody of the minor, or by his or her spouse eighteen years of age or older;

(b) the minor is upon an errand directed by his or her parent or parents or legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen years of age or older;

(c) the minor is attending or going to or returning directly home from a public meeting, or a place of public environment, such as a movie, play, sporting event, dance or school activity; or

(d) the presence of such minor in said place or places is connected with or required with respect to a business, trade, procession or occupation in which said minor is lawfully; or

(e) the minor is involved in an emergency such as a fire, natural disaster, automobile accident, a situation requiring immediate action to prevent serious bodily injury or loss of life, or any unforeseen combination of circumstances or the resulting state which calls for immediate action; or

(f) the minor is in a motor vehicle involved in interstate travel; or

(g) the minor is on a sidewalk abutting the minor’s residence.

SEC. 45.04. PROHIBITION AGAINST JUVENILE LOITERING BETWEEN THE HOURS OF 8:30 A.M. AND 1:30 P.M.

(Amended by Ord. No. 172,012, Eff. 6/19/98.)

(a) Curfew

It is unlawful for any minor under the age of 18, who is subject to compulsory education or to compulsory continuation education, alone or in concert with others, be present in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any place open to the public during the hours of 8:30 a.m. and 1:30 p.m. of the same day on days when said minor’s school is in session.

(b) Exceptions.

1. The minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor;

2. The minor is on an emergency errand directed by his or her parent or guardian or other adult person having the care and custody of the minor;

3. The minor is going or coming directly from or to their place of gainful employment;

4. The minor is going or coming to or from a medical appointment;

5. The minor has permission to leave campus for lunch and has in his or her possession a valid, school-issued, off-campus permit;

6. The minor is attending or going to or returning directly home from a public meeting, or place of public entertainment, such as a movie, play, sporting event or school activity; or

7. The presence of such minor in said place or places is connected with or required with respect to a business, trade, profession or occupation in which the minor is lawfully engaged.

8. When the minor is involved in an emergency such as a fire, natural disaster, automobile accident, a situation requiring immediate action to prevent serious bodily injury or loss of life, or any unforeseen combination of circumstances or the resulting state which calls for immediate action; or

9. When the minor is in a motor vehicle involved in interstate travel; or

10. When the minor is on a sidewalk abutting the minor’s residence.

(c) Violation.

Each violation of the provisions of this section shall constitute a separate offense and shall be an infraction unless the minor requests that a petition be filed under Section 601 and 602 of the Welfare and Institutions Code.

(d) Penalties for Violation

Any person convicted of willfully violating this ordinance is guilty of an infraction punishable by a fine not exceeding $250.00 and/or perform community service for a total time not to exceed 20 hours over a period not to exceed 30 days, during times other than his or her hours of school attendance or employment.

Notwithstanding any other provisions of this Code, when a person under the age of 18 years is charged with a violation of this ordinance, and a peace officer issues a notice to appear in Superior Court to that minor pursuant to Welfare and Institutions Code Section 256, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code.

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LOS ANGELES COUNTY, CALIFORNIA

LOS ANGELES COUNTY CODE

13.56.010. Prohibited act

A. It is unlawful for any minor under the age of 18 years to be present in a "public place," as defined in Section 13.56.010 B below, between the hours of 10:00 p.m. on any given day and sunrise of the immediately following day, unless the minor satisfies one of the exemptions specified in Section 13.56.020.

B. For purposes of this chapter, a "public place" means any place to which the public or a substantial group of the public has access, including, but not limited to, any public street, sidewalk, avenue, highway, road, curb area, alley, park, playground, or other public ground or public building, any common area of any school, hospital, apartment house, office building, transport facility, or shop, or any privately-owned place of business operated for a profit to which the public is invited, including any place of amusement, entertainment, or eating place. (Ord. 99-0087 3 (part), 1999.)

13.56.020. Exemptions

The provisions of this chapter shall not apply when a minor satisfies any one of the following:

A. The minor is accompanied by his or her parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of the minor;

B. The minor is on an errand at the direction of the minor’s parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of the minor;

C. The minor is in a motor vehicle involved in interstate travel;

D. The minor is present at, or traveling to or directly home from, a place or places that is connected with or required by a business, trade, profession or occupation in which said minor is lawfully engaged;

E. The minor is involved in an "emergency situation," which means for this purpose, any unforeseen set of circumstances that calls for immediate action to prevent serious bodily injury or loss of life, including, but not limited to, a fire, natural disaster, or automobile accident;

F. The minor is within 50 feet of the front door of his or her residence;

G. The minor is present at, or traveling to or directly home from, a school, religious, or recreational activity supervised by adults and sponsored by a school, religious or civic organization, or other similar entity or organization that assumes responsibility for the minor;

H. The minor is present at, or traveling to or directly home from, a political fundraiser, rally or other political activity, or is otherwise exercising his or her First Amendment rights protected by the United States Constitution, provided that any such political event or other First Amendment-type activity is supervised by adults and/or sponsored by a political organization or other similar entity or organization that assumes responsibility for the minor;

I. The minor is present at, or traveling to or directly home from, a public meeting, or place of public entertainment, such as a movie, play, sporting event, dance or school activity, provided such meeting, event or activity is a school-approved activity for the minor or is otherwise supervised by school personnel of said minor’s school; or

J. The minor has entered into a valid marriage, is on active duty with the armed forces of the United States, or has otherwise been declared emancipated pursuant to Section 7002, et seq., of the California Family Code. (Ord. 99-0087 3 (part), 1999.)

13.56.030. Enforcement

Before taking any enforcement action under this chapter, a law enforcement officer shall ask the apparent offender’s age and reason for being present in a "public place," as defined in this chapter, during curfew hours. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that a violation of Section 13.56.010 has occurred and that, based on the apparent offender’s responses, no exemption under Section 13.56.020 is applicable. (Ord. 99-0087 3 (part), 1999.)

13.56.040. Powers of law enforcement officers not limited

Nothing in this chapter shall be construed in any way as to limit the power or right of a law enforcement officer(s) to make any investigation, detention or arrest as such law enforcement officer(s) would be permitted to make in the absence of this chapter. (Ord. 99-0087 3 (part), 1999.)

13.56.050. Penalty

Violation of this chapter by a minor shall be punishable by a fine not to exceed $500.00, or by imprisonment not to exceed six months, or both. (Ord. 99-0087 3 (part), 1999.)

13.56.060. Parental liability

Any parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of a minor, who knowingly permits, or by insufficient control allows, a minor to violate the curfew restrictions of this chapter is guilty of a misdemeanor. (Ord. 99-0087 3 (part), 1999.)

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BATON ROUGE, LOUISIANA

CODE OF ORDINANCES CITY OF BATON ROUGE, LOUISIANA and EAST BATON ROUGE PARISH, LOUISIANA

Title 13 CRIMINAL LAW

Sec. 13:1056. Curfew for Juveniles

Sec. 13:1056.1. Definitions

Adult means any person who has reached the age of eighteen (18) or older.

Custodian means a "parent" as defined in Louisiana Children’s Code, Article 116, or a person with "legal custody" as defined in Louisiana’s Children’s Code, Article 166 whom the care or supervision of the juvenile has been temporarily and lawfully delegated or assigned, or if the juvenile does not reside with any of the aforementioned, then in that case "custodian" shall mean any adult with whom the juvenile resides.

Emergency means an unforeseen circumstance or the resulting state that demands for immediate action including but is not limited to a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

Juvenile means any person under the age of seventeen (17) years.

Permit means to knowingly allow or knowingly fail to prevent; or to fail to prevent due to lack of reasonable efforts or concern or due to failure to supervise or control.

Public place mean any place to which the public or a substantial group of the public has access and includes, but is not limited to streets, highways, sidewalks, corners, avenues, alleys, parks, playgrounds, public buildings, vacant lots or other public places.

Reasonable errand means the activity of a juvenile pursuant to a custodian’s direction in a public place in order to accomplish an emergency mission or a legitimate family function in a normal and customary fashion considering the time of day, or going to or returning home from such an activity without any detour or stop.

Remain means to:

(1) Unnecessarily tarry, stay, loiter, idle, wander, stroll, or play; or

(2) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

(Ord. No. 10197, 1, 3-8-95)

Sec. 13:1056.2. Offenses

(a) A juvenile may not remain in a public place or on the premises of an establishment between the hours of 11:00 p.m. and 5:00 a.m., except on Friday and Saturday nights, when the hours shall begin at 1:00 a.m. and end at 5:00 a.m.

(b) A custodian may not permit or by insufficient control allow a juvenile under the custodian’s care or custody to violate this section.

(Ord. No. 10197, 1, 3-8-95)

Sec. 13:1056.4. Enforcement

Upon reasonable belief, based upon the juvenile’s statements and the surrounding circumstances to believe a curfew violation has occurred, the officer may

(1) Counsel and release the juvenile;

(2) Escort the juvenile to his/her home;

(3) Release the juvenile to the care of his/her custodian(s) or other responsible adult;

(4) Issue a misdemeanor summons to his/her custodian(s).

The officer shall issue a notice of violation of curfew to the juvenile and his/her custodian(s). A copy of the notice shall be sent to the office of juvenile services. If the officer is unable to deliver a notice to a custodian, the office of juvenile services will mail a copy of the notice to the custodian.

(Ord. No. 10197, 1, 3-8-95)

Sec. 13:1056.5. Penalties

(a) A custodian found in violation of this section shall be subject to the jurisdiction of the juvenile court and shall be fined not more than five hundred dollars ($500.00) or sentenced to not more than six (6) months in jail or both. For appropriate cases, the court may suspend the fine or the sentence and, as a condition of such a suspension order or require the performance of up to sixty (60) hours of community service. As part of or in lieu of any other penalty that may be imposed under this section, a custodian may be required by the court to obtain counseling or to attend classes or programs to improve parenting and child-raising skills.

(b) A juvenile violating this ordinance, his/her custodian(s), or any other member of his/her family may be the subject of a complaint under Title VII of the Children’s Code (Families in Need of Services) and subject to the jurisdiction of the juvenile court.

(Ord. No. 10197, 1, 3-8-95; Ord. No. 10809, 1, 1-22-97)

State law reference(s)--Similar provisions, R.S. 14:97.

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MINNEAPOLIS, MINNESOTA

CODE OF ORDINANCES City of MINNEAPOLIS, MINNESOTA Codified through Ord. No. 99-Or-120, enacted October 29, 1999.

Title 13 LICENSES AND BUSINESS REGULATIONS*

CHAPTER 267. AMUSEMENTS*

ARTICLE VIII. MECHANICAL DEVICE PLACES

267.861. Class A licenses.

(5) The licensee and employees and agents shall adhere to the provisions of section 395.50 of this Code relating to minors. No licensee, nor employees or agents, shall knowingly permit a minor to be present on the premises in violation of curfew laws, nor knowingly permit a person under the age of seventeen (17) years to be present on the premises when school is in session unless on a valid excused absence. (82-Or-095, 3, 5-28-82; 87-Or-047, 1, 3-27-87; Pet. No. 251179, 17, 12-29-89)

CODE OF ORDINANCES City of MINNEAPOLIS, MINNESOTA Codified through Ord. No. 99-Or-120, enacted October 29, 1999. (Supplement N

Title 15 OFFENSES--MISCELLANEOUS*

CHAPTER 395. MINORS*

395.20. Curfew established

No person of the ages provided herein shall be on or present in any public place at the times specified herein unless accompanied by a responsible adult.

(a) For any person under fifteen (15) years of age the hours of restriction are between 10:00 p.m. and 4:00 a.m. daily commencing at 10:00 p.m. Sunday evening and terminating the following Friday at 4:00 a.m. The hours of restriction during the remaining portion of the week are between 11:00 p.m. and 4:00 a.m. daily commencing Friday evening at 11:00 p.m. and terminating on the following Sunday at 4:00 a.m.

(b) For any person who has attained fifteen (15) years of age and is under eighteen (18) years of age, the hours of restriction are between 12:01 a.m. and 4:00 a.m. of the same day. (Code 1960, As Amend., 878.020; 78-Or-170, 1, 8-24-78; 91-Or-206, 1, 10-25-91)

Cross reference(s)--Minors under 16 not to ride bicycle on street, highway or sidewalk after 9:00 p.m., 490.200.

Editor’s note--90-Or-121, 1, adopted May 11, 1990, repealed 395.30, which section pertained to loitering by minors, and was derived from Code 1960, as amended, 878.030.

395.40. Adults’ responsibility

Any parent or legal guardian of a minor child under the age of eighteen (18) years who shall by word or deed or failure to act or by lack of supervision and control over said junior child, encourage, contribute toward, cause or tend to cause said minor child to become a "neglected child," a "delinquent child" or a "habitual truant," a "runaway," a "juvenile petty offender," a "juvenile alcohol offender," or a "juvenile controlled substance offender" as defined by Minnesota Statute 260.015, whether or not a petition for adjudication be sought or sustained in Hennepin County juvenile court, shall be guilty of a misdemeanor. (Code 1960, As Amend., 878.040; 81-Or-155, 1, 6-12-81; 82-Or-214, 1, 10-29-82)

395.50. Business places not to allow violations

It is unlawful for any proprietor to permit a juvenile to remain in his establishment during the hours prohibited by this chapter unless the juvenile is accompanied by a responsible adult or unless necessary for medical purposes or for an activity officially recognized by a school, church or eleemosynary organization. Whenever a juvenile continues to remain at such an establishment after the proprietor of such an establishment orders him to leave, the proprietor shall immediately notify the police department of the violation. (Code 1960, As Amend., 878.050)

395.60. Other violations not authorized

This chapter shall not be construed as permitting the presence of a juvenile at any time and in any place where his presence is otherwise prohibited by law. (Code 1960, As Amend., 878.060)

395.70. Enforcement

Law enforcement officers may enforce this chapter by arrest or by the issuance of tags in a form approved by the judge of the juvenile court to any person violating the provisions of this chapter. (Code 1960, As Amend., 878.070)

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ST. LOUIS, MISSOURI

St. Louis City Revised Code Chapter 15.110

DIVISION VII. OFFENSES BY OR AGAINST MINOR

* Prior ordinance history: Ords. 47038, 53693, 58264 and 58540.

McQuillan:

9.30 Liberties of the person—movement
24.111 Violation of curfew

City Counselor Ops.: 8050

15.110.010. Definitions

The following words shall have the following definitions as used in this chapter:

A. “Juvenile” or “minor” is any person under the age of (17) seventeen.

B. “Parent” is any natural or adopted parent, any person having legal custody of a juvenile, or an adult that has assumed responsible custody and control of said juvenile.

C. “Remain” means to stay behind, to tarry and to stay unnecessarily upon the streets, alleys, rights-of-way or similar places.

D. “Knowingly” shall be defined as knowledge which a parent should reasonably be expected to have concerning the whereabouts of a juvenile. (Ord. 63784 2, 1996.)

15.110.020 Curfew for juveniles

It shall be unlawful for any juvenile to be or remain in or upon the streets, alleys, rights-of-way or similar places within the City of St. Louis at night during the period ending at 5:00 a.m. and beginning at 11:59 p.m. on Friday and Saturday Night and at 11:00 p.m. on all other nights, except as provided in this chapter. (Ord. 63784 3, 1996.)

15.110.030. Exemptions to curfew restrictions

A. When accompanied by parent of such juvenile; when accompanied by a person over the age of twenty-one authorized by a parent.

B. When juvenile is on the sidewalk of a place where such juvenile resides, or on the sidewalk of either next door neighbor not communicating an objection to the police.

C. When returning home, by a direct route from (and within one hour after the termination of) a school or city sponsored activity, or an activity of a religious or other association, or place of employment. (Ord. 63784 4, 1996.)

15.110.040. Parental responsibility

It shall be unlawful for a parent after receiving a written warning notice pursuant to Section 15.110.050 of this chapter to knowingly permit a juvenile to remain upon any city street, alley, right-of-way, or similar place under circumstances not constituting an exception to, or otherwise beyond the scope of, this chapter. (Ord. 63784 5, 1996.)

15.110.050. Enforcement procedure

If a police officer reasonably believes that a juvenile is on the streets in violation of the curfew ordinance, the officer shall notify the juvenile that he or she is in violation of the ordinance and shall require the juvenile to provide his or her name, address and telephone number and how to contact his or her parent. In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate or driver’s license, or permit, a police officer on the street shall use his/her best judgment in determining age. If the police determine that a person is in violation of this ordinance he shall take the juvenile to the police station or other appropriate holding facility where a parent shall immediately be notified to come for the juvenile whereupon they shall be questioned, and a written warning notice shall be issued to both the juvenile and the parent or parents, and the Division of Family Services. However, this does not preclude a police officer, using his discretion, from transporting said juvenile to his home. (Ord. 63784 6, 1996).

15.110.060. Violation by parent

The parent(s) of the juvenile shall have violated this chapter if, within twelve (12) months after receipt of a written warning notice pursuant to Section 15.110.050, a second curfew violation against the same juvenile is issued. (Ord. 63784 7, 1996.)

15.110.070. Penalty for violation

Upon conviction for a violation of this chapter, punishment shall be imposed by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment; provided further, the sentencing court may suspend imposition of judgment or sentence upon parole for the successful performance of supervised community public service of not less than twenty (20) hours. (Ord. 63784 8, 1996.)

15.110.080. Parents required to pick up juvenile

A. No parent(s) of a person under the age of seventeen (17), who is being held by the police department for violating curfew, shall fail or refuse to pick up said juvenile within a reasonable time upon being notified by the police department of said curfew violation. For purposes of this section the term reasonable time shall be at least forty-five (45) minutes.

B. For purposes of this section, “parent” is any natural or adopted parent, any person having legal custody of a juvenile.

C. Penalty. Upon conviction of any violation of this section punishment shall be imposed by a fine of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment; provided further, the sentencing court may suspend imposition of judgment or sentence upon parole for the successful performance of supervised community public service of not less than forty (40) hours. (Ord. 63785 1—3, 1996.)

15.110.090. Sale of consumer products to juveniles

A. For purposes of this section the following definitions shall apply:

1. The term “adult” shall mean any person eighteen years of age or older.

2. The term “consumer product” shall mean any product which is used or bought for use primarily for personal, family, or household purposes.

B. It shall be unlawful for any merchant within the City of St. Louis to give, barter, sell, cause to be sold, or furnish any consumer product, to any person under seventeen (17) years of age between the hours of 11:00 p.m. and 5:00 a.m. Sunday through Thursday, and 11:59 p.m. and 5:00 a.m. Friday and Saturday, unless said person is accompanied by a parent, any person having legal custody of the juvenile, or an adult in the extended family of the juvenile that has assumed responsible custody and control of the juvenile.

C. Penalty.

1. Every person who shall be convicted of any violation of the provisions of this section shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00).

2. For any subsequent conviction of this section, the judge shall require a fine of no less than five hundred dollars ($500.00). (Ord. 63799 2—4, 1996.)

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LAS VEGAS, NEVADA

10.54.010. Hours designated

(A) It shall be unlawful for any child under the age of eighteen years, without being on any lawful business or engaged in any lawful occupation, not accompanied by one of his parents or his guardian, or other adult person having legal care, custody and control of said child, to loiter, idle, wander or stroll or be upon, in or about any of the public streets, avenues, alleys or other public places in the City at any time between the hours of ten p.m., Sunday through Thursday and five a.m. of the succeeding day, and between the hours of twelve midnight on Friday and Saturday and five a.m. of the succeeding day; provided, however, the Sheriff of the Metropolitan Police Department or his designee shall be empowered to extend the curfew on special occasions to such hour as shall be designated by him.

(B) On all school holidays and during the days of summer vacation, said curfew shall be between the hours of twelve midnight and five a.m. for all citizens under the age of eighteen years.

(Ord. 1878 2, 1977: Ord. 1535 1, 1971: Ord. 1456 1, 1970: Ord. 1348 1, 1968: Ord. 1190 10, 1965: Ord. 553 1, 1953: Ord. 359 1, 1948: prior code 6-8-6)

10.54.020. Allowing or permitting violation

It shall be unlawful for any parent, guardian, or other person having legal care, custody and control of any child under the age of eighteen years to allow or permit such child or ward to loiter, idle, wander or stroll or be upon, in or about any of the public streets, avenues, alleys, or other public places in the City not accompanied by such parent, guardian or other person having legal care, custody and control of such child, at any time between the hours of ten p.m., Sunday through Thursday, both inclusive, and five a.m. on the succeeding day, official City time, unless the curfew for such date has been extended by the Sheriff of the Metropolitan Police Department or his designee in accordance with Section 10.54.010.

(Ord. 1878 3, 1977: Ord. 1190 11, 1965: Ord. 553 2, 1953: Ord. 359 2, 1948: prior code 6-8-7)

10.54.030. Enforcement

(A) Any peace officer finding or observing any child over the age of twelve years and under the age of eighteen years, not accompanied by its parent, guardian or other adult person having legal custody and control of said child, loitering, idling, wandering, strolling or being upon, in or about any public streets, avenues, alleys or other public places in the City, contrary to or in violation of the provisions of this Chapter, shall take said child to the Clark County Juvenile Home. The peace officer shall immediately thereafter make a full and complete report in writing in duplicate of said violation, transmitting one copy to the office of the Juvenile Probation Officer, Clark County, and another copy to the Juvenile Judge of the Eighth Judicial District Court in and for Clark County, Nevada.

(B) Any peace officer finding or observing any child under the age of twelve years, not accompanied by its parent, guardian or other adult person having legal custody and control of such child, loitering, idling, wandering, strolling, or being upon, in or about any public streets, avenues, alleys or other public places in the City, contrary to or in violation of the provisions of this Chapter, shall take the child to the home or place of abode of its parents or guardian, or in the event, after the exercise of due diligence the parent or guardian of the minor child cannot be located, then said officer shall take said child to the Clark County Juvenile Home. The peace officer shall immediately thereafter make a full and complete report in writing, in duplicate, of said violation, transmitting one copy to the office of the Juvenile Probation Officer, Clark County, and another copy to the Juvenile Judge of the Eighth Judicial District Court in and for Clark County, Nevada.

(Ord. 553 3, 1953: Ord. 359 3, 1948: prior code 6-8-8)

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RENO, NEVADA

MUNICIPAL CODE City of RENO, NEVADA Codified through Ord. No. 5034, enacted August 17, 1999. (Supplement No. 1999)

PART 2 RENO MUNICIPAL CODE

Title 8 PUBLIC PEACE, SAFETY AND MORALS

CHAPTER 8.16. OFFENSES PERTAINING TO MINORS

Sec. 8.16.010. Curfew

(1) There has been an increase in juvenile violence, juvenile and crime by persons under the age of 18 in the City of Reno;

(2) Persons under the age of 18 are particularly susceptible by their lack of maturity and experience in participate in unlawful and gang-related activities;

(3) Persons under the age of 18 are particularly vulnerable by their lack of maturity and experience to being victimized by older perpetrators of crimes;

(4) The downtown corridor is geographically the largest concentration of businesses providing gaming, alcohol and adult entertainment in the city, participation in which is prohibited to minors, thus requiring additional regulation in that area;

(5) The City of Reno has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities;

(6) A curfew for those under the age of 18 will be in the interest of the public health, safety, and general welfare and will help to attain the foregoing objectives and to diminish the undesirable impact of such conduct on the citizens of and visitors to the City of Reno.

(b) Except as provided in subsections (c) and (d) of this section, it is unlawful for any minor under the age of 18 to be in or upon any public street, sidewalk, highway, park, vacant lot or other public place between the hours of 12:00 midnight and 5:00 a.m.

(c) It is unlawful for any minor under the age of 18 to be in or on the streets of the downtown corridor between the hours of 9:00 p.m. and 5:00 a.m. of the succeeding day. The downtown corridor consists of that area inside the following specified boundaries beginning at the outside curb line of all designated streets:

(1) North Boundary: I80 from North Arlington to Lake Street;

(2) South Boundary: Liberty Street from South Arlington Avenue to Sinclair Street;

(3) West Boundary: Arlington Avenue from I80 to Liberty Street, to include Wingfield Park West and Barbara Bennett Park; and

(4) East Boundary: Lake Street from I80 to Pine, Sinclair from Pine to Liberty Street.

(d) Exceptions. It is an exception to the operation of the curfew that the minor is:

(1) Accompanied by the minor’s parent or guardian;

(2) On an errand as directed by the minor’s parent or guardian, without any detour or stop;

(3) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(4) Attending a meeting or place of public entertainment, such as a movie, play or sporting event, or a school, social or religious activity; or going to or returning home therefrom, without any detour or stop;

(5) In a motor vehicle engaged in interstate travel;

(6) Involved in an emergency;

(7) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence;

(8) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or;

(9) Is married or has been judicially emancipated in accordance with Chapter 129 of Nevada Revised Statutes.

(e) Permitting violation by child unlawful. It is unlawful for any parent, guardian, or other person having legal care, custody, or control of any minor under the age of 18 to allow or permit such minor to be in or upon any place in violation of this section.

(f) Enforcement. Before taking any enforcement action under this section, a peace officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no exception in subsection (d) is applicable. Any peace officer who reasonably believes that a violation of this section has occurred may cite the minor for such violation and release the minor into the custody of the minor’s parent or guardian, release the minor, or take the minor into custody for the purpose of placing the minor into a juvenile detention facility.

(g) Penalty. A person violating a provision of this section is guilty of a misdemeanor.

(Code 1966, 11.12.310; Ord. No. 4599, 1, 2, 3-12-96; Ord. No. 4655, 1, 7-9-96; Ord. No. 4776, 1, 7-22-97)

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OKLAHOMA CITY, OKLAHOMA

OKLAHOMA CITY MUNICIPAL CODE 1999 Codified through Ord. No. 21343, adopted October 26, 1999. (Supplement No. 1, Update 2)

Chapter 30 MISCELLANEOUS PROVISIONS AND OFFENSES*

ARTICLE XV. OFFENSES AGAINST THE PUBLIC*

30-422. Purpose and intent

The public purpose of this ordinance is to protect juveniles from nocturnal dangers, enhance parental supervision and responsibility for juveniles and protect the public at large.

(Ord. No. 20169, 1(30-321.1), 6-21-94)

30-423. Definitions

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) Curfew hours means:

a. 12:01 a.m. until 6:00 a.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; and

b. 1:00 a.m. until 6:00 a.m. on any Saturday or Sunday.

(11) Knowingly permit means the parent, other responsible adult and/or operator as defined herein is aware of the fact the juvenile is in violation of the curfew hours or that said person by exercise of reasonable care would have known that the juvenile is in violation of the curfew hours.

(Ord. No. 20169, 1(30-322.1), 6-21-94)

30-424. Offenses

(a) A juvenile commits an offense if he/she remains in any public place or on the premises of any establishment within the corporate city limits of the City of Oklahoma City during curfew hours.

(b) A parent and/or other responsible adult of a juvenile commits an offense if:

(1) he/she knowingly permits or allows, the juvenile to remain in any public place or on the premises of any establishment within the corporate city limits of the City during curfew hours; and

(2) the parent and/or other responsible adult of a juvenile has twice previously acted within any consecutive six-month period so as to knowingly permit or allow said juvenile to remain in any public place or on the premises of any establishment within the corporate city limits of the City during curfew hours. Every subsequent violation thereof will constitute a separate violation.

(c) The owner, operator, or any employee of an establishment commits an offense if he knowingly permits or allows a juvenile to remain upon the premises of the establishment during curfew hours.

(Ord. No. 20169, 1(30-323.1), 6-21-94)

30-425. Defenses

(a) It is a defense to prosecution under 30-424 that the juvenile was at the time in question:

(1) accompanied by the juvenile’s parent or responsible adult;

(2) on an errand at the direction of the juvenile’s parent or responsible adult, without any detour or stop;

(3) in a motor vehicle involved in interstate travel;

(4) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5) involved in an emergency;

(6) on the sidewalk abutting the juvenile’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the juvenile’s presence;

(7) attending, going to or returning home, without any detour or stop, from an official school, religious, or other recreational activity supervised by adults or an event sponsored by the City of Oklahoma City, a civic organization, or another similar entity that takes responsibility for the juvenile;

(8) exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly or other rights protected by the United States or the Oklahoma Constitution; or

(9) married or had been married or had disabilities of minority removed in accordance with state law.

(b) It is a defense to prosecution under 30-424(c) that the owner, operator, or employee of an establishment promptly notified the police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave.

(Ord. No. 20169, 1(30-324.1), 6-21-94)

30-426. Enforcement

Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances, no defense in 30-425 is present.

Absent an interlocal agreement with the district court for the municipal court to exercise jurisdiction over juveniles under 18 years of age under 30-424 pursuant to 10 O.S. 1102(E) as amended by H.B. 2640 of the 1994 Regular Session of the Oklahoma Legislature, the municipal court must refer all alleged juvenile violations to the Juvenile Bureau of the District Attorney’s Office.

(Ord. No. 20169, 1(30-325.1), 6-21-94)

30-427. Penalties

(a) A person who violates a provision of this article is guilty of a separate class "a" offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $200.00, plus costs. The court may require community service work prescribed by the court in lieu of a fine if the product of multiplying the number of minimum hours of community service work by the prevailing wage does not result in a number which exceeds the maximum fine authorized by law.

(b) The municipal court’s jurisdiction over a juvenile who violates 30-424 of this article shall be expressly subject to Title 10 O.S., as amended by H.B. 2640 of the 1994 Regular Session of the Oklahoma Legislature.

(Ord. No. 20169, 1(30-326.1), 6-21-94; Ord. No. 20511, 1, 1-16-96)

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PORTLAND, OREGON

Title 14 PUBLIC PEACE, SAFETY AND MORALS

Chapter 14.28 MINORS

14.28.010. Curfew

It is unlawful for any minor under the age of 18 years to be in or upon any street, park or other public place between the hours specified in this Section, unless such minor is accompanied by a parent, guardian or other person 21 years of age or over and authorized by the parent or by the law to have care and custody of the minor, or unless such minor is then engaged in a school activity or lawful employment that makes it necessary to be in or upon such street, park, or other public place during the hours specified in this Section. For minors under the age of 14 years who have not begun high school, the curfew is between 9:15 p.m. and 6 a.m. of the following morning, except that on any day immediately preceding a day for which no public school is scheduled in the City, the curfew is between 10:15 p.m. and 6 a.m. of the following morning. For children 14 years of age or older who have begun high school, the curfew is between 10:15 p.m. and 6 a.m. of the following morning, except that on any day immediately preceding a day for which no public school is scheduled in the City, the curfew is between 12 midnight and 6 a.m. of the following morning.

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PHILADELPHIA, PENNSYLVANIA

10-305. Unlawful Conduct of Owners or Operators of Establishments

(1) No operator of an establishment or their agents or employees shall knowingly permit any minor to remain upon the premises of said establishment between the hours of 10:30 P.M. and 6 A.M. of the following day, official City time, except that on Fridays and Saturdays the hours shall be from 12 midnight to 6 A.M.

10-306. Enforcement and Penalties

(1) Any police officer who finds a minor in prima facie violation of the provisions of 10-303(1):

(a) Shall obtain information from such minor as to his or her name and address, age and the identity of the minor’s parent, guardian or other custodian.

(b) Shall take any of the following actions which he or she believes necessary to best protect the interest of the minor and the community:

i. Instruct the minor to proceed to his or her home forthwith; or

ii. Transport the minor to his or her home forthwith; or

iii. Transport the minor to the appropriate district police station, where without unnecessary delay, the officer or a superior officer may issue a citation. The officer shall immediately notify the parent, guardian or other custodian of the minor’s whereabouts. When a parent, guardian or other custodian arrives at the station, the minor will be released to the custody of said parent, guardian or other custodian, who shall thereupon be issued written notice that the minor has violated the provisions of 10-303(1). If a parent or guardian or custodian cannot be located within a reasonable time, the minor shall be released, unless other action is warranted under and pursuant to the pertinent provisions of the Juvenile Act (42 Pa.C.S.A. 6301, et seq.).

2. The information taken from the minor pursuant to Section 1(a) shall be forwarded to the Juvenile Bureau which shall cause a written notice to be mailed to the parent, guardian or custodian advising of the violation and penalties of provision of 10-303(1).

3. Any minor who shall violate 10-303(1) shall be guilty of a summary offense and may be fined not more than one hundred fifty (150) dollars for the first violation, and from two hundred (200) dollars to three hundred (300) dollars for each succeeding violation. If the fine, together with costs is not paid within 10 days, the minor shall be proceeded against under the pertinent provisions of the Juvenile Act (42 Pa.C.S.A. 6301, et seq.). The court may in its discretion suspend the fine if the offender agrees to and does in fact perform such community service as the court deems appropriate.

(2) Any parent who shall violate any provision of 10-304 after having received notice of a prior violation shall be fined fifty (50) dollars, for the first violation, and one hundred (100) dollars to three hundred (300) dollars for each succeeding violation.

(3) Upon violation of the provisions of 10-303(2), any parent whose child under the age of eighteen (18) years is found liable or is adjudged guilty by a court of competent jurisdiction of a willful tortious act resulting in injury to the person, or theft, destruction or loss of property of another, shall be liable to the person who suffers the injury, theft, destruction or the loss to the extent set forth in Act of General Assembly No. 58, July 27, 1967, pertaining to Parent’s Liability.

(4) Any operator of an establishment and any agent or employee of any operator who shall violate the provisions of 10-305 shall be fined not less than $150 nor more than $300 for each violation.

(5) Any owner/operator of an establishment regulated under the provisions of 14-1605 of The Philadelphia Code and any agent or employee of said owner/operator who shall violate the provisions of 10-305 shall also be subject to immediate revocation of their business privilege license as provided for in 19-2602 of The Philadelphia Code.

(6) Repeat Offenders. Any person who violates any provision of 10-304 after having received notice of two or more prior violations, shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred (300) dollars, or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense.

(7) Repeat Offenders. Any person who violates, on more than one occasion, any provision of 10-305, shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred (300) dollars, or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense.

(8) Each violation of the provisions of this Chapter shall constitute a separate offense.

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HOUSTON, TEXAS

CODE OF ORDINANCES City of HOUSTON, TEXAS Codified through Ordinance No. 99-1201, adopted Nov. 9, 1999.

Chapter 28 MISCELLANEOUS OFFENSES AND PROVISIONS*

ARTICLE V. JUVENILE CURFEW

Sec. 28-171. Definitions

The following words, terms and phrases when used in this article shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning:

Emergency shall mean an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term shall include but not be limited to a fire, natural disaster, vehicular accident, or a serious medical condition of sudden onset.

Guardian shall mean the person who, under a court order, is the guardian of the person of a minor or the public or private agency with whom a minor has been placed by a court.

Minor shall mean any person under 18 years of age.

Parent shall mean the natural mother or father or adoptive mother or father of a minor.

Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartments, houses, office buildings, transport facilities, and shops.

(Ord. No. 91-1543, 2, 10-30-91)

Sec. 28-172. Offenses

(a) It shall be unlawful for any minor to knowingly remain, walk, run, stand, drive or ride about, in or upon any public place in the city between the hours of 12:00 at night (midnight) and 6:00 a.m. on any day of the week or between the hours of 9:00 a.m. and 2:30 p.m. on a Monday, Tuesday, Wednesday, Thursday or Friday.

(b) It shall be unlawful for the parent or guardian having legal custody of a minor to knowingly allow or permit the minor to be in violation of the curfew imposed in section 28-172(a) of this Code.

(c) Violations of this section shall be punishable as provided in section 1-6 of this Code.

(Ord. No. 91-1543, 2, 10-30-91)

Sec. 28-173. Defenses

It is a defense to prosecution under section 28-172 of this Code that:

(a) The minor was accompanied by his or her parent or guardian;

(b) The minor was accompanied by an adult designated by his or her parent or guardian;

(c) The minor was on an errand made necessary by an emergency;

(d) The minor was attending a school, religious, or government-sponsored activity or was traveling to or from a school, religious, or government-sponsored activity;

(e) The minor was engaged in an lawful employment activity or was going directly to or coming directly from lawful employment;

(f) The minor was on the sidewalk of the place where he or she resides;

(g) The minor was on an errand directed by his or her parent or guardian;

(h) The minor was in a motor vehicle involved in intrastate or interstate transportation;

(i) The minor was engaged in, participating in, or traveling to or from any event, function or activity for which the application of section 28-172 of this Code would contravene his or her rights protected by the Texas or United States Constitutions;

(j) The minor was married or had been married or had disabilities of minority removed in accordance with chapter 31 of the Texas Family Code; or

(k) With respect to the hours between 9:00 a.m. and 2:30 p.m. only, that the offense occurred during the school summer vacation break period of the school in which the minor is enrolled or on a holiday observed by the closure of classes in the school in which the minor is enrolled or that the minor has graduated from high school or received a high school equivalency certificate.

(Ord. No. 91-1543, 2, 10-30-91)

Sec. 28-174. Supplemental effect

The provisions of this article are supplemental and shall be cumulative with all other laws and ordinances applicable in any manner to juveniles.

(Ord. No. 91-1543, 2, 10-30-91)

Sec. 28-175. Enforcement

Notwithstanding the penal effect of this article the chief of police is encouraged to develop alternative enforcement strategies, which may include but need not be limited to the return of minors to their residences or schools, counseling with minors and their parents or guardians, the issuance of warning citations to minors or their parents or guardians, or the referral of instances that appear to also involve the violation of school attendance laws to those officers who are responsible for the enforcement of those laws. The enforcement strategies shall be promulgated in writing to members of the police department so that this article may be enforced in a uniform manner.

(Ord. No. 91-1543, 2, 10-30-91)

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SALT LAKE CITY, UTAH

SALT LAKE CITY CODE 1987

Title 11 PUBLIC PEACE, MORALS AND WELFARE

Chapter 11.44. OFFENSES BY OR AGAINST MINORS

11.44.070. Curfew for minors

A. It is unlawful for any minor under sixteen years of age to remain or loiter on any of the sidewalks, streets, alleys or public places in the city between eleven p.m. and five a.m. the following morning.

B. It is unlawful for any minor under eighteen years of age to remain or loiter on any of the sidewalks, streets, alleys or public places in the city between one a.m. and five a.m. the following morning.

C. It is unlawful for any parent, guardian or other person having legal care and custody of any minor dealt with respectively in subsections A and B of this section to knowingly allow or permit any such minor to remain or loiter on any of the sidewalks, streets, alleys or public places in the city, within the times provided in subsections A and B, respectively, of this section, except as provided in subsection D of this section.

D. The provisions of subsections A, B and C of this section shall not apply where the minors dealt with respectively in subsections A and B are

1. Married;

2. Accompanied by a parent, guardian, or other adult person having the care and custody of such minor;

3. Have, in the minor’s possession, a written authorization from the parent or guardian allowing the minor to be out beyond curfew hours. The authorization must be specifically drawn to describe the activity allowed and the time allowed. If the minor is engaged in activities and/or at times not allowed by the parental or guardian note this exemption shall not apply and the officer shall confiscate the note for evidence;

4. Returning home from, going to or being in attendance at any religious or school function, organized dance, theater, sports event or other such associational activity; provided, however, that going to or from such activity shall be by a direct route and within a reasonable time of the commencement or termination of such event;

5. Engaged in legitimate employment and can produce evidence of such employment;

6. In a motor vehicle engaged in normal travel, while traveling to, from or through the city on an interstate trip; or

7. Within the immediate vicinity of such minor’s residence.

Prior to charging a person for a violation of this section an officer shall give the person or persons an opportunity to give a reasonable credible account of their conduct and purposes so that the person may show that an exemption in subsection D exists. (Ord. 76-93 1, 1993: prior code 32-7-4)


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