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HomeMy WebLinkAboutOrdinance 13010~DINANCE NO. 1301 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CHAPTER 10, ARTICLE III, SECTION 3 OF THE COLUMBIA HEIGHTS CITY CODE IN ITS ENTIRETY, ENTITLED "CURFEW"AND ADOPTING A NEW CHAPTER 10, ARTICLE III, SECTION 3. The City of Columbia Heights does ordain: Chapter 10, Article III, Section 3 of City Code of 1977, which currently reads as follows, to wit: CURFEW 10.303(1) No person under the age of 14 years shall be on or present in any public street, avenue, alley, or park or other public place in the City between the hours of 9:30 p.m. and 5:00 a.m. of the following day, unless accompanied by his or her parent or guardian, or person having lawful custody and control of his or her person, or unless there exists a reasonable necessity therefore. The fact that said child, unaccompanied by parents, guardian or other person having legal custody is found upon any street, alley or public place between 9:30 p.m. and 5:00 a.m. of the following day, shall be prima facia evidence that said child has violated the provisions of this section, and that no reasonable excuse exists therefore. 10.303(2) No person under the age of 18 years and over the age of 14 years shall be present on any street, avenue, alley, parks or other public place in the City between the hours of 12:00 midnight and 5:00 a.m. of the following day. The provisions of this section shall not apply to any such minor person who is accompanied by his or her parent, guardian or other adult person having the authorized care and custody of such minor person, or when such minor person is upon an emergency errand or legitimate business directed by his or her parent, guardian or adult person having authorized care and custody of such minor person or is engaged in planned or organized youth activity under the direction of a school, church or community organization. The fact that said minor, unaccompanied by parent, guardian, or other person having legal custody, is found upon any street, alley or public place after 12:00 midnight or before 5:00 a.m. of the following day, shall be prima facia evidence that said minor is there unlawfully and that no reasonable excuse exists therefore. 10.303(3) No person under the age of 18 years and over the age of 14 years shall loiter, loaf, or idle on or about any public street, avenue, alley, park or other public place in the City between the hours of 9:30 p.m. and 5:00 a.m. of the following day. 10.303('4) Whenever the owner, operator, or person in charge or in control of any place of amusement, entertainment, refreshment, or other place of business shall find persons under the age of 18 years loitering, loafing, or idling in such place of business, such owner, operator or person in charge or in control shall immediately order such person to leave, and if such person refuses to leave the said place of business, the operator shall ~mmediately notify the police department and inform them of the violation. No owner, operator or person required by this section to give such order or make such notification shall fail to take such action. No firm, person or corporation owning, operating or in charge of any place of amusement, entertainment or refreshment, or any other place of business shall permit any minor under the age of 18 years to loiter, loaf or idle in such a place during hours prohibited by this section· 10.303(5) No parent, guardian, or other person having the lawful care, custody or control of any person under the age of 18 years shall allow or permit such person to violate the provisions of this section. 10.303(6) For purposes of aiding in the enforcement of this section, a curfew bell or siren may be sounded at 9:30 p.m. is hereby amended to read as follows: 10.303(1) FINDINGS AND PURPOSE In recent years, there has been a significant increase in juvenile victimization and crime. At the same time, the crimes committed by and against juveniles have become more violent. A significant percentage of juvenile crime occurs during curfew hours. Because of their lack of maturity and experience, juveniles are particularly susceptible to becoming victims of older perpetrators. The younger the person is, the more likely he or she is to be a victim of crime. While parents have the primary responsibility to provide for the safety and welfare of juveniles, Columbia Heights also has a substantial interest in the safety and welfare of juveniles. Moreover, the City of Columbia Heights has an interest in preventing juvenile crime, promoting parental supervision, and providing for the well being of the general public. An updated and enforceable curfew ordinance will reduce juvenile victimization and crime and will advance public safety, health, and general welfare. 10.303(2) DEFINITIONS "Juvenile" means a person under the age of eighteen (18)· The term does not include persons under 18 who are married or have been legally emancipated. "Parent" means birth parents, adopting parents, and step parents. "Guardian" means an adult appointed pursuant to Minnesota Statute 525.6155 or 525.6165 who has the powers and responsibilities of a parent as defined by Minnesota Statute 525.619. o "Responsible adult" means a person over the age of eighteen (18) specifically authorized by law or by a parent er guardian to have custody and control over a juvenile. "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, apartment houses, office buildings, transport facilities, and shops. J "Emergency" means a circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury, or loss of life. e "Serious bodily injury" means bodily injury that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any body part or organ. Se "Establishment" means any privately owned place of business to which the public is invited, including but not limited to, any place of amusement, entertainment, or refreshment. "Proprietor" means 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. 10.303(3) PROHIBITED ACTS It is unlawful for a juvenile under the age of 16 to be present in any public place or establishmenet within the City of Columbia Heights. ae any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. on the following day. Be any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. It is unlawful for a juvenile, age 16 or 17 to be present in any public place or establishment within the City of Columbia Heights= any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. the following day. Be any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday. It is unlawful for a parent or guardian of a juvenile knowingly, or through negligent supervision, to permit the juvenile to be in any public place or establishment within the City of Columbia Heights during the hours prohibited in paragraphs A and B of this section· It is unlawful for a proprietor of an establishment within the City of Columbia Heights to knowingly permit a juvenile to remain in the establishment's property during the hours prohibited in paragraphs A and B of this section. If the proprietor is not present at the time of the curfew violation, the responding officers shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail. 10.303(4) DEFENSES It is an affirmative defense for a juvenile to prove that: the juvenile was accompanied by his or her parent, guardian, or other responsible adult. the juvenile was engaged in a lawful employment activity or was going to or returning from his or her place of employment. the juvenile was involved in an emergency situation. De the juvenile was going to, attending, or returning home from an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or civic organization. Fe the juvenile was on an errand at the direction of a parent or guardian. the juvenile was exercising First Amendment rights protected by the United States Constitution or Article I of the Constitution of the State of Minnesota. the juvenile was engaged in interstate travel. the juvenile was on the public right of way boulevard or sidewalk abutting the property containing the juvenile's residence or abutting a neighboring property, structure, or residence. It is an affirmative defense for a proprietor of an establishment to prove that: ae the proprietor or employee reasonably and in good faith relied upon a juvenile's representations of proof of age. Proof of age may be established pursuant to Minnesota Statute 340A.503, subd 6, or other verifiable means, including but not limited to, school identification cards and birth certificates. the proprietor or employee promptly notified the City of Columbia Heights Police Department that a juvenile was present on the premises of the establishment during curfew hours. 10.303(5) PENALTY Violation of this ordinance is a misdemeanor. First Reading: June 26, 1995 Second Reading: July 10, 1995 Date of Passage~ July 10, 1995 Offered by: Petkoff Seconded by: Ruettimann Roll call: Ail ayes ~o~Anne Student, Counc~;~~~~il Secretary