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.
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"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.
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"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.
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"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.
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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.
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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.
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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:
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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