Amendment to Ordinance No. City of Nederland

City of Ordinance No. __________ (Curfew)

Section AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AMENDING MUNICIPAL CODE SECTION AND REPEALING SECTION , PERTAINING TO A CURFEW FOR MINORS

THE CITY COUNCIL OF THE CITY OF DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council of the City of hereby finds, determines and declares that a juvenile curfew ordinance is necessary and desirable because the protection of minors warrants a higher degree of governmental regulation. This higher degree of regulation is premised upon the peculiar vulnerability of children and minors' inability to make critical decisions in an informed and mature manner. The City recognizes a compelling interest in preserving the safety of the community generally and providing a higher degree of protection for its minors specifically during nighttime hours.

SECTION 2. Municipal Code Section entitled "" is hereby amended to read as follows:

SECTION .

(a) Definitions. The following definitions are applicable to this section.

(1) Curfew hours means the period from 10:00 p.m. any night until 6:00 a.m. the following morning.

(2) Emergency means unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent bodily injury or loss of life.

(3) Establishment means any privately owned place of business operated for profit to which the public is invited including, but not limited to, any place of amusement or entertainment.

(4) Guardian means (a) a person who, under court order, is the guardian of the minor; or (b) a public or private agency with whom a minor has been placed by a court.

(5) Minor means a person under eighteen (18) years of age.

(6) Operator means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment.

(7) Parent means a person who is a natural parent, adoptive parent or step-parent of a minor.

(8) Responsible adult means a person at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

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

(10) Remain means to (a) linger, stay or be present; or (b) fail to leave the premises when requested to do so by a peace officer, the owner, operator or other person in control of the premises.

(b) Offenses. It is unlawful for:

(1) Any minor to remain in any public place or on the premises of any establishment within the city during curfew hours, or

(2) Any parent, guardian, or other person having legal care, custody, or control of a minor, to knowingly permit or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours, or

(3) Any owner, operator or employee of an establishment to knowingly permit a minor to remain in or upon the premises of an establishment during curfew hours.

(c) Defenses.

(1) It is a defense to prosecution of the above offenses that the minor was:

(i) Accompanied by the minor's parent or guardian or by a responsible adult;

(ii) on an errand at the direction of the minor's parent or guardian or responsible adult, without detour or delay;

(iii) in a motor vehicle involved in intrastate or interstate travel;

(iv) engaged in employment, or going to or returning home from employment, without detour or delay;

(v) involved in an emergency;

(vi) on the sidewalk adjacent to the minor's residence, providing the minor is not otherwise violating the law;

(vii) attending an official school, religious or other adult-supervised recreational activity sponsored by the city, a civic organization or other similar entity responsible for the temporary supervision of the minor, or going to or returning home from such an activity, without detour or delay;

(viii) 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

(ix) emancipated pursuant to law.

(2) It is a defense to prosecution under subsection (b)(3) above, that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(d) Enforcement. Before taking any enforcement action against a minor under this ordinance, a peace officer shall ask the apparent offender's age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation for any offense under this ordinance or detain a minor under this ordinance unless the officer reasonably believes an offense has occurred and based upon the offender's or minor's responses and other circumstances, no defense under this ordinance appears present or applicable.

(e) Penalties. Any person who violates a provision of this ordinance is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Any person who violates subsection (b)(2) or (b)(3) of this section shall be guilty of a misdemeanor. Any minor who violates subsection (b)(1) of this section shall be guilty of an infraction punishable by fine as set forth in section of this Code; provided, however, the court may set aside the fine, or any portion thereof, if the fine is based on the minor's first infraction under this section and the minor produces proof satisfactory to the court that all the following have occurred during the period between the initial hearing on the infraction and any subsequent hearing set by the court:

(1) The minor has no additional violations of subsection (b)(1); and

(2) The minor has performed ten (10) hours of court-approved community service; and

(3) The minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor has or have attended a parenting class or series of parenting classes approved by the court.

(f) Hearing Requirement - Parental Obligation to Attend. A minor cited for an infraction under subsection (b)(1) of this section must attend a court hearing on the infraction, accompanied by the minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor, as described in section of this Code."

SECTION 3. Section of the Municipal Code, entitled, "," is hereby repealed.

SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance. The City Council of the City of hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional.

SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

APPROVED AND ADOPTED this day of , 20.