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Home My WebLink About5B - Curfew for Minors/Terwedo ~ AGENDA #: PREPARED BY: SUBJECT: DATE: PRESENTATION: Attachment AGNSS.wRT STAFF AGENDA REPORT 5-B C\~ FRANK BOYLES, CITY MANAGER (~ PRESENTATION BY JAMES TERW REGARDING SUGGESTED ORDINANCE ESTABLISHING A CURFEW FOR MINORS MARCH 7, 1994 County Attorney, James Terwedo, has requested an opportunity to address the City Council with respect to a proposed ordinance. Mr. Terwedo is interested in having all cities within the County adopt a consistent ordinance which would establish a curfew throughout the County with respect to certain age groups. I have attached a copy of the ordinance for Council information so that you can ask Mr. Terwedo any questions you may have. Mr. Terwedo is not requesting City Council approval at the meeting, but rather Council consideration of his proposal. I expect that the presentation will not require more than ten minutes. -1- 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNIlY EMPLOYER T r MAR- 1-94 TUE 10:~0 SCOTT COUNTY ATTORNEY P.02 mE OFFICE OF mE SCOTT COUNTY ATTORNEY COUR1liOUSe 206 ~28 S. HOlMES ST. SHAKOPEE. MN 55379.1380 (612)-496-8240 FAX 1# (6'2)-496-8275 JAMES A. lERWEDO County Altomey CURFEW I. Purpose This curtew for minors within Scott County is bein9 implemented for four primary reasons: a. To protect the public from illegal acts of minors committed after the curfew hour; b. To protect minors from improper influences that ~revail after the curfew hour; c. To protect minors from criminal activity that occurs after the curfew hour; and a. To help parents and legal guardians control their minor children. Criminal QixJ.:iQn Ttlomu J. Hat1)inson. First Assistsnl SUSDI\ K. McNellis Neil G. Nelson Conrad J. Skoni.c~y Civ~ Oivi,ion Bnan A. NasI Cl\nSfopl\er e. MOM. Juvonil.O.vicion Peggy A. FlOig M:uy M. Pi.pet Vicllm,WilMU AsS! Sfl.lnCe Jim W. Pel.,....,en All Ellu.LJl ()ppn,t'4Ilit"/1ffj""flfj,,.IIr.liofl Em/l/f)1'" ........____,.._..._'4...',',~ "_,_______~-"---.~~ T . ~AR- 1-94 TUE 10:~1 SCOTT COUNTY ATTORNEY P.03 II. Definitions. a. primary care or responsible tor providing necessities to the minor. custody to the minor cannot custody: refers to the person who 19 tood, clothing, shelter and other basie The person providing primary care or be another minor. ,b. School Activity: an event which has been placed on a school calendar by public or parochial school authorities as a school sanctioned event. c. Supervised voluntary association: scouts, 4-H, community leagues, fraternal and social clubs or other community events. Examples of such events include, but shall not be limited to, the tollowinq: dances, community celebrations and carnivals. d. Emergency errand: a task that if not completed promptly threatens the health, safety or comfort of the minor or a member of the minor's household. This includes but is not limited to seeking- urgent medical treatment, seeking urgent assistance trom law enforcem~nt or fire department personnel, and seeking shelter from the elements or urgent assistance from a utility company due to a natural or man-made calamity. e. Places of entertainment, amusement or refreshment: these places include but are not limited to movie theaters, pinball arcades, shopping malls, amusement parks, restaurants ~~d bowling alleys. I I I . Cux:.f.~w-- ~ersons undel: s ixteen yea,~_$_(,){__a,_9.~._ It shall be unlawful for any person under the age of sixteen (16) years to be on or present in any public street, avenue, alley, park or other public grounds or building, place of amusement, entertainment or refreshment, vacant lot or any ~ther un$up~rvised place wi thin Scott County between the houl:s ot 10: 00 PM Sunday through Thursday (other than evenings preceding legal hvlidays) and 6:00 AM of the following day, and between the hours of 11:00 PM Friday, Saturday and the day preceding a legal holiday and 6:00 AM ot the tollowing day unless: a. the minor is accompanied by his or her parent, guardian, or other adult person having the primary care and custody of the minor or one exercising temporary supervision over the minor; h. the minor is returning home by direct route from and within thirty (30) minutes after the conclusion of a school acti'lity, an activity of a religious or supervisad voluntary association; - c. the minor is in a place or returning home from such place connected with and required by some legitimate business, trade, - -~-~-~"'----,_.,-_.._----""'~.....~,.--'.~.~-_.._---~....._~_.....~.._..._.,-,.._",.......~....,..~._..._,-",-_.-.,---~',- I I MAR- 1-94 TUE 10:~2 SCOTT COUNTY ATTORNEY P.04 profession or oc~upation in which said minor is permitted by law to be engaged; d. the minor is in a motor vehicle with parental consent for normal travel with intercity travel to, throuqh or from any city within Scott County being excepted in all eases from the curfew; or e. the minor is on an emergency errand. IV. curfew--Pe;:sons over sixteel"l and \,l.rt4~L~~9.11_1;~_~n Y-~Y~__2.L. aq~. It shall be unlawful for any person under the age of eighteen (18) years and over the age of sixteen (16) years to be on any public street, avenue, alley, park or other public grounds Ot' building, place of amusement, entertainrntnt or refresh~ent, vacant lot or any other unsupervised place within Scott County between the hours of 10: J 0 PM Sunday through Thursday (othel' than evenings preceding legal holidays) and 6:00 AM of the following day and between the hours of 12:00 Midnight Friday, Saturday and the day precedinq a legal holiday and 6:00 AM of the following day unless: a. the minor is accompanied by his or her parent, guardian or other adult person havin9 the primary eare and custody of the minor or one exercising temporary supervision over the minor; b. the minor is returning home by direct route from and wit.hin thirty (30) minutes after the conclusion of a school activity, an activity of a religious or supervised voluntary association; c. the minor is in a place or returning home from such place connected with and required by some legitimate business, trade, profession or occupation in which said minor is per~itted by law to be enqaged; d. The minor is in a motor vehicle with parental consent for normal travel with intercity travel to, through or from any city within Scott County being excepted in all cases from the curfew; or e. The minor ~s on an emergency errand_ V. CUl;'few--~e.2?~~lQ_tillJ.~~_~cs._I'-~~t$_ It shall be unlawful for any parent, guardian or other person having the lagal custody and control of a minor under the age of eightean (18) years to knowingly or negligently permit such minor t.o violate the provisions of sections I through V. T . . MAR- 1-94 TUE 10:~2 SCOTT COUNTY ATTORNEV p.e~ VI. Eff~ct on control bv adult resDonsible tor minor. Sections I through VI are not to be construed to give a minor the right to stay out until the cu~tew hours designated herein if otherwise directed by a parent, guardian or other adult person having the primary care and custody of the minor; nor should it be construed to diminish or impair the control of the adult person having primary care of custody of the minor. VII .~urfew--Responsibil itv of 9perator:_QU_~CfLQf.. ente~tai:l'lment. It shall be unlawful for any person operating or in charge of amusement, entertainment or refreshMent, or any other plaCE: of business to pe~mit any minor under the age of eighteen (18) years to loiter, loat or idle in such place during the hours prOhibited by sections I through V. Whenever the owner or person in charge or in control of any place of amusement, ente~tainment, refreshment, or other place of business shall find persons under the age of eighteen (18) years loitering, loafing or idling in such place of business, he shall i~~edi3tely order such person to leave, and if such person refuses to leave the place of business, the ope~at.or shall immediately notify the police department and inform them of the violation. This section shall not be construed as permitting the presence at any time of any person under the age of eighteen years in any place where his presence is now prohibited by an existing law or ordinance. VIII. Penalties 1. First Offense: A minor found to be in violation of this ordinance shall be quilty of a petty miSdemeanor and shall be sentenced to the payment of a fine of $25.00. 2. ~econd Offense within one ~ear: A minor found to ~e in violation of this ordinance on two separate occasions within the period of one year shall be guilty.of a petty misdemeanor and shall be sentenced to the pa~ent of a flne or $50.00 or to 10 hours of Community Service or any combination thereof. 3. Subsegyent violations within one vear: A minor found to be in violation of this ordinance on more than two separate occasions within the period of one year shall be guilty of a petty misdemeanor and shall be sentenced to the payment of a fine of $100.00 or to 20 hours of Co~~unity Service or any combination thereof. , "~-""'-'_._'''_.''._''-'''~''-''''''''-'''''-''''--'_~'.'~_..._.--..........~--__~.~...~"'_'''".....,;._...".._...~~._~~..,.,.._.~_H.'__'_~_....~____.....,~_~_*.."...._~__ T . MAR- 1-94 TUE 10:53 SCOTT COUNTY ATTORNEY 1='.06 'It." .. IX. Penalties: Adults Any parent, quardian, or other adult person having tha pI'hl'lary care and custody ot a minor or one exercising temporary sup~rvision of a minor ~ho has knowingly or negligently p~rmitted such minor to violate this ordinance on at least one prior occasion shall be quilty of a misdemeanor. "_.,. ...., __,. _, "U'.. .".~.__..."_.....".,,~._,..,._~._____.__w...._~".~~,,.... .. ~"'_"~ 'I I