§ 42-143. Curfew for minors.

(a)

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

Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action.

Guardian means a person who, under court order, is the guardian of the person of a minor, or a public or private agency with whom a minor has been placed by an authorized agency or court; or who is at least 21 years of age and authorized by a parent or guardian to have the care and custody of a minor.

Insufficient control means failure to exercise reasonable care and diligence in the supervision of the juvenile.

Minor means any person under 18 years of age.

Parent means a person who is a natural parent, adoptive parent or step-parent of another person.

(b)

Offenses. The following are unlawful:

(1)

It is unlawful for any minor under the age of 16 years to be in, about, or upon any place in the town away from the property where the youth resides between the hours of 10:00 p.m. and 5:00 a.m. of the following day.

(2)

It is unlawful for any minor 16 years of age or older and under the age of 18 years, to be in, about, or upon any place in the town away from the property where the child resides between the hours of 12:00 a.m. and 5:00 a.m.

(3)

It is unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control, allow a minor to violate subsection (b)(1) or subsection (b)(2) of this section.

(4)

It is unlawful for a parent, guardian or other person having the care, custody or supervision of the minor to fail or refuse to take custody of the minor after such demand is made upon him by a law enforcement officer who arrests the minor for violation of subsection (b)(1) or (b)(2) of this section.

(c)

Defenses/exceptions. It is a defense to prosecution under subsection (b) of this section, including subsection (b)(3) of this section, that the minor was:

(1)

Accompanied by the minor's parent or guardian.

(2)

With prior permission of the parent or guardian, in a motor vehicle involved in interstate travel.

(3)

With prior permission of the parent or guardian, in an employment activity or going to or returning home from an employment activity without any detour or stop by the most direct route.

(4)

Involved in an emergency.

(5)

With prior permission of the parent or guardian was engaged in reasonable, legitimate, and specific business and/or activity. Examples include, but are not limited to, a juvenile with prior permission of the parent or guardian, attending an official school, religious or other recreational activity supervised by adults who take responsibility for the minor, or going to or returning home from an official school, religious or other recreational activity supervised by adults who take responsibility for the minor.

(6)

With prior permission of the parent or guardian, engaged in a reasonable and legitimate exercise of First Amendment rights protected by the United States Constitution.

(7)

Married and 16 years of age or over, or in the military.

(8)

On the sidewalk abutting their residence or in the next door neighbor's property with the consent of the neighbor.

(d)

Enforcement.

(1)

Before taking any enforcement action under this section, a police officer shall attempt to ascertain the apparent offender's age and reason for being in the 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 upon the circumstances, the minor's responses and the minor's conduct, no defense, as provided in subsection (c) of this section, is probably present.

(2)

In addition to any other powers he may have, any law enforcement officer who arrests a minor for violating any of the provisions of subsection (b)(1) or (b)(2) of this section is also hereby empowered to demand of the parent, guardian or other person having the care, custody or supervision of the minor that such parent, guardian or person come and take the minor into custody. The law enforcement officer is also empowered to take the minor to a designated location where arrangements can be made for a parent, guardian or other appropriate party to take the minor into custody. Should there be a failure of the parent, guardian or other person to take custody of such minor, the officer may then be empowered to take the minor home.

(e)

Separate offense. Each violation of the provisions of subsections (b)(1), (b)(2), (b)(3) and (b)(4) of this section shall constitute a separate offense.

(f)

Misdemeanor. Any person convicted of a violation of any provisions of this section shall be guilty of a misdemeanor. This offense is designated as a incorrigible offense for minors under the jurisdiction of the juvenile court.

(Code 1984, § 10-1-10; Ord. No. 853, § I, 5-10-94)