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HomeMy WebLinkAbout97-3-5655U11 gb/03/12/97;31268 Ordinance No. 97- 3- S 6 S S AN ORDINANCE ESTABLISHING A NOCTURNAL CURFEW FOR MINORS, AND ESTABLISHING THE RESPONSIBILITY OF PARENTS, GUARDIANS, PERSONS HAVING LEGAL CUSTODY OF MINORS, AND OPERATORS OF PUBLIC ESTABLISHMENTS WHO VIOLATE THE CURFEW ORDINANCE AND IMPOSING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY, SECTION I. There appeared before the Board of Commissioners of the City of Paducah, the Chief of Police of the City of Paducah, sworn law enforcement officers, county juvenile officers, and other interested and responsible citizens for the purpose of presenting relevant data and other information pertaining to criminal activities committed by minors and when such activities are most prevalent. Said individuals answered questions propounded by the Board of Commissioners and gave personal and professional recommendations for appropriate regulatory measures to aid in diminishing the aforesaid criminal activities and promoting public safety and general welfare. The Board of Commissioners of the City of Paducah has now determined that during nocturnal hours minors have been congregating in the City of Paducah causing disturbance and criminal violations in the forms of vandalism, traffic safety, disorderly conduct, alcohol and drug use, thefts, and assaults. Further, the Board of Commissioners has determined that such activities are on the increase. The City Commission believes that circumstances presently exist that call for regulation of minors within the City in order to protect them from each other and from other persons on the street during the night hours. Such regulation is also aimed at aiding in overall crime prevention, and promoting the enforcement of parental control of, authority over, and the responsibility for their minor children. It is also intended to decrease juvenile crime, protection of the public from mischief by minors, and for the public safety and general welfare. After review and evaluation, the Commission finds that there is justification and need to enact the following Curfew Ordinance. SECTION II. A. Definitions. In this section: 1. ALLOW means: Either permit or neglect to prevent. It requires actual or constructive knowledge on the part of the parent or guardians, or establishment operator, that is, the parent or guardian, or establishment operator must actually know about the minor violating this ordinance, or the circumstances must be such that a reasonably prudent parent or guardian, or establishment operator should have known the minor was violating this ordinance. 2. CURFEW means: 1 a.m. to 5 a.m Saturday ` 1 a.m. to 5 a.m. Sunday 11 p.m. Sunday to 5 a.m. Monday 11 p.m. Monday to 5 a.m. Tuesday 11 p.m. Tuesday to 5 a.m. Wednesday 11 p.m. Wednesday to 5 a.m. Thursday 11 p.m. Thursday to 5 a.m. Friday 3. EMERGENCY means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term indicates 91 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. 4. ESTABLISHMENT means any privately -owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment. 5. GUARDIAN means: a. A person who, under court order, is the guardian of 1 the person of a minor, or b. A public or private agency with whom a minor has been placed by a court. 6. MINOR means any person under 18 years of age. 7. OPERATOR means any individual, firm, association, partnership, limited liability company, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers and employees of a partnership, limited liability company, or corporation. the minor; or 8. PARENT means a person who is: a. A natural parent, adoptive parent, or step-parent of b. At least 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 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, buildings, transportation facilities, and shops. 10. REMAIN means to a. linger, stay, congregate, move about, wander or stroll; or b. fail to immediately leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. 11. SERIOUS BODILY INJURY means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. SECTION III. A. It shall be unlawful for any minor to be or remain in or upon any public place in the City of Paducah during the curfew hours. B. It shall be unlawful for any parent or guardian having legal custody of a minor to allow that minor to be or remain in or upon a public assembly, building, place, street or highway in the City of Paducah under circumstances except as enumerated in Section V during curfew hours. C. It shall be unlawful for the owner, operator, or employee of any establishment to allow a minor to be or remain in or upon their premises under circumstances except as enumerated in Section V during curfew hours. -2- SECTION IV. 92 A. A police officer upon finding or being notified of any minor in or upon a public place whose parent or guardian is believed to be in violation of this ordinance may stop and question that minor and request such information as his or her name and age and the name and address of his or her parent, guardian, or person having legal custody. B. If the police officer determines or has reasonable cause to believe that a curfew violation has occurred, the police officer may obtain from the minor the information necessary to issue a citation to the minor's parent, guardian, or person having legal custody and then either take the minor to his or her home or direct the minor to proceed immediately to his or her home; or take the minor to a facility designated by the Police Department; or C. Under the authority of KRS 630.030, the minor may be taken into custody by the police officer: 1. Pursuant to an order of the court for failure to appear before the court for a previous status offense; or 2. If there are reasonable grounds to believe that the child has been an habitual runaway from his parent or person exercising custodial control or supervision of the child. minor was: SECTION V. A. It is a defense to prosecution under Section III(A)(B) that the 1. Accompanied by the minor's parent or guardian; 2. In case of reasonable necessity but only if such minor's parent or guardian communicated in advance to the police department the facts establishing such reasonable necessity; 3. In the motor vehicle involved in interstate travel; 4. Engaged in an actual employment activity, or going to or returning home from an actual employment activity, without any detour or stop; 5. Involved in an emergency; 6. On the sidewalk abutting the minor's actual 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; 7. Attending an official school, religious, or other recreational activity supervised by adults and recognized or sponsored by the City of Paducah, Paducah Independent School System, McCracken County School System, licensed private or parochial school, a civic organization, a church, synagogue, or other not-for-profit public service organization that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and recognized or sponsored by the City of Paducah, Paducah Independent School System, McCracken County School System, licensed private or parochial school, a civic organization, a church, synagogue, or other not-for-profit organization that takes responsibility for the minor; 8. When 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, provided that written notice signed by the minor and countersigned by a parent is in the possession of such minor specifying when, where, and in what manner said minor will be exercising such First Amendment rights protected by the -3- United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; 9. A married person; 10. It is a defense to prosecution under Section III(C) that the owner, operator, or employee of an establishment immediately notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. ,! SECTION VI. A. The violation of this ordinance shall constitute a misdemeanor offense. Violators shall be guilty of a separate 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 $500.00. B. Any minor that violates the ordinance more than three times shall be reported by the Police Department to the local juvenile officers as being without parental control. SECTION VII. The Police Department shall maintain monthly data on violations of this ordinance which shall be furnished to the City Manager. SECTION VIII. A. Severability is intended throughout and within the provisions of this ordinance. If any provision, including any exception, part, phrase, or term, or the application thereof to any person or circumstances is held invalid, the application to other persons or circumstances shall not be affected thereby and the validity of the ordinance in any and all other respects shall not be affected thereby. B. Any ordinance or parts thereof in conflict herewith are, to the U extent of such conflict, hereby repealed. SECTION IX, This ordinance shall be read on two separate days and become effective upon publication pursuant to KRS Chapter 424. Introduced by the Board of Commissioners March 11, 199 7 Adopted by the Board of Commissioners March 25, 1997 Recorded by Lenita Smith, City Clerk March 25, 1997 Published by The Paducah Sun 3- a 9- 47 ATTEST: ity Jerk -4- 93