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Home My WebLink About116-01 Curfew 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 116-01 AN ORDINANCE AMENDING PART 8 OF THE PRIOR LAKE CITY CODE BY REPLACING SUBSECTION 803.1000 RELATING TO CURFEW AND ADOPTING BY REFERENCE CITY CODE SECTION 104 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: 1. City Code Section 803 is hereby amended by deleting subsection 803.1000 in its entirety and replacing it with the following: 803.1000. CURFEW: 803.1001 Purpose: The curfew for minors established by this subsection is maintained for four primary reasons: (1) To protect the public from illegal acts of minors committed during the curfew hours; (2) To protect minors from improper influences that prevail during the curfew hours, including involvement with gangs; (3) To protect minors from criminal activity that occurs during the curfew hours; and (4) To help parents control their minor children. 803.1002 Definitions: For the purpose of this subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 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. The term shall include, but shall not be limited to, seeking urgent medical treatment, seeking urgent assistance from law enforcement or fire department personnel, and seeking shelter from the elements or urgent assistance from a utility company due to a natural or human-made calamity. Official City Time. The time of day as determined by reference to the master clock located at Scott County Dispatch Center. Places of Amusement, Entertainment or Refreshment. Those places that include, but are not limited to, movie theaters, pinball arcades, shopping malls, nightclubs catering to minors, restaurants and pool halls. 2 Primary Care or Primary Custody. The person who is responsible for providing food, clothing, shelter and other basic necessities to the minor. The person providing primary care or custody to the minor shall not be another minor. School Activity. An event which has been placed on a school calendar by public or parochial school authorities as a school sanctioned event. 803.1003 Hours: (1) Minors under the age of 12 years. No minor under the age of 12 years shall be in or upon the public streets, alleys, parks, playgrounds or other public grounds, public places, public buildings nor in or upon places of amusement, entertainment or refreshment nor in or upon any vacant lot, between the hours: (a) Any time between 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. the following day, official city time; (b) Any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day, official city time. (2) Minors ages of 12, 13 or 14 years. No minor of the ages of 12, 13 or 14 shall be in or upon the public streets, alleys, parks, playgrounds or other public grounds, public places, public buildings nor in or upon places of amusement, entertainment or refreshment nor in or upon any vacant lot, between the hours: (a) Any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. the following day, official city time; (b) Any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day, official city time. (3) Minors ages 15, 16 or 17 years. No minor of the ages of 15, 16 or 17 shall be in or upon the public streets, alleys, parks, playgrounds or other public grounds, public places, public buildings nor in or upon places of amusement, entertainment or refreshment nor in or upon any vacant lot, between the hours: (a) Any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. the following day, official city time; (b) Any time between 12:01 a.m. and 5 a.m. on any Saturday or Sunday, official city time. 803.1004 Effect on control by adult responsible for minor: Nothing in this subsection shall be construed to give a minor the right to stay out until the curfew hour s designated in this subsection if otherwise directed by a parent, guardian, or other adult person having the primary care and custody of the minor; nor shall this subsection be construed to diminish or impair the control of the adult person having the primary care or custody of the minor. 3 803.1005 Exceptions: The provisions of this subsection shall not apply in the following situations: (1) To a minor accompanied by his or her parent or guardian, or other adult person having the primary care and custody of the minor; (2) To a minor who is upon an emergency errand; (3) To a minor who is in any of the places described in this subsection if in connection with or as required by an employer engaged in a lawful business, trade, profession, or occupation; or to a minor traveling directly to or from the location of such business trade, profession, or occupation and the minor’s residence. Minors who fall within the scope of this exception shall carry written proof of employment and proof of the hours the employer requires the minor’s presence at work; (4) To a minor who is participating in or traveling directly to or from an event which has been officially designated as a school activity by public or parochial school authorities; or who is participating in or traveling directly to or from an official activity supervised by adults and sponsored by the city, a civic organization, school, religious institution, or similar entity that takes responsibility for the minor and with the permission of the minor’s parent, guardian, or other adult person having the primary care and custody of the minor; (5) To a minor who is passing through the city in the course of interstate travel during the hours of curfew; (6) To a minor who is attending or traveling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly, or freedom of religion; (7) To minors on the sidewalk abutting his or her residence or abutting the residence of a next-door neighbor if the neighbor does not complain to the city’s designated law enforcement provider about the minor’s presence; (8) To a minor who is married or has been married, or is otherwise legally emancipated; or (9) To a minor who is on an errand at the direction of a parent or guardian. 803.1006 Duties of person legally responsible for minor: No parent, guardian, or other adult having the primary care or custody of any minor shall permit any violation of the requirements of this subsection by the minor. 803.1007 Duties of other persons: No person operating or in charge of any place of amusement, entertainment, or refreshment shall permit any minor to enter or remain in his or her place of business during the hours prohibited by this subsection unless the minor is accompanied by his or her parent, guardian or other adult person having primary care or custody of the minor, or unless one of the exceptions to this subsection apply. 4 803.1008 Penalties: (1) Minors. Any person under the age of 18 found to be in violation of this subsection may be adjudicated delinquent and shall be subject to the dispositional alternatives set forth in Minn. Stat. Chap. 260B, as it may be amended from time to time. (2) Adults. Any person 18 years or older found to be in violation of this subsection shall be guilt y of a misdemeanor and may be sentenced up to the maximum penalty authorized by state law for a misdemeanor. 803.1009 Defense: It shall be a defense to prosecution under this subsection that: (1) The owner, operator, or employee of an establishment promptly notified the city’s designated law enforcement provider that a minor was present on the premises of the establishment during curfew hours; or (2) The owner, operator 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 M.S. § 340A.503, Subd. 6 or other verifiable means, including, but not limited to, school identification cards and birth certificates. 2. City Code Section 104 entitled “General Penalty” is hereby adopted in its entirety, by reference, as though repeated verbatim herein. 3. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 25th Day of January, 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the 6th day of February, 2016. Affidavit of Publication Southwest Newspapers State of Minnesota) SUMMARY ORDINANCE )SS. NO.1IO Count PRIOR OF RIOR LAKE y of Scott ) ORDINANCE NO.16-01 AN ORRINANCEI AMENDING PART 8 OF THE PRIOR LAKE CITY CODE BY Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized REPLACING SUBSECTION ATIT O agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen- 803.1000 F RELATING T O `: dent Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as CURFEW AND ADOPTING� � g � g BY REFERENCE CITY CODE follmis: SECTION 104.WHICH,AMONG OTHER THINGS, CONTAINS (A)These newspapers have complied with the requirements constituting qualification as a legal PENALTY PROVISIONS. newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as The following is only a!, amended. summary of Ordinance No.16-01.� The full text will be available for (B)The printed public notice that is attached to this Affidavit and identified as No. &,o-5- public inspection after January; was published on the date or dates and in the newspaper stated in the attached Notice and said 26, 2016 by any person during p p p regular office hours at City'Hall'! Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of or in the Document Center on the! the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both City of Prior Lake Website. ' inclusive,and is hereby acknowledged as being the kind and size of type used in the composition SUMMARY: The Ordinance and publication of the Notice: amends Subsection 803.1000!, relating to curfew. This ordinance shall become j abcdefghijklmnopgrstuvwxyz effective from and after its passage and publication. Passed by the City Council of By: the City of Prior Lake this 25th Day of January,2016. Laurie A.Hartmann ATTEST: Frank Boyles,City Manager Kenneth L.Hedberg,Mayor Subscribed and sworn before me on (Published' in the Prior Lake' American on Saturday,February! 6,2016;No.7605) thisday of 2016 A Az I1NOTA 1 I RAW-l"7XNESO f A d N is P,I'Y ta0�f 91 "� �EXRRES 01131//8 bE' I RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch Maximum rate allowed by law for the above matter.................................$31.20 per column inch Rate actually charged for the above matter.............................................. $12.59 per column inch