Chapter 9.36
CURFEW
Sections:
9.36.010 Minors under 13 years old.
9.36.020 Minors 13 years old and older.
9.36.040 Parent(s) or other person(s) responsibility.
9.36.050 Penalty for violation.
9.36.010 Minors under 13 years old.
It is unlawful for any minor under 13 years old to be in any public place in the city between the hours of 10:00 p.m. and 6:00 a.m. (Ord. 1411 § 2, 1998; Ord. 890 § 12, 1978)
9.36.020 Minors 13 years old and older.
(a) It is unlawful for any minor 13 years old or older to be in any public place between the hours of:
(1) Eleven p.m. Sunday through Thursday, except as provided in subsection (a)(3) of this section, and 5:00 a.m. of the following day;
(2) One a.m. Saturday and Sunday, and 5:00 a.m. of the same day; and
(3) One a.m. and 5:00 a.m. during the evening to morning of December 24th and 25th, December 31st through January 1st, and July 4th and 5th.
(b) Notwithstanding any of the provisions of this chapter, it is unlawful at all times for any minor to be upon the dock facilities of the port of Ketchikan, in violation of KMC 13.09.010(a)(2). (Ord. 1411 § 2, 1998; Ord. 890 § 13, 1978)
9.36.030 Exceptions.
KMC 9.36.010 and 9.36.020(a) shall not apply in the following circumstances:
(a) When the minor is accompanied by the minor’s parent;
(b) When the minor is accompanied by an adult authorized by the minor’s parent to take said parent’s place in accompanying the minor for a period, place and purpose designated by the parent;
(c) When the minor is on an errand to or from a designated place (without any unnecessary detour or stop) as directed and confirmed by his/her parent;
(d) When the minor is exercising constitutional rights such as the free exercise of religion, freedom of speech, and the right of assembly, by first delivering to the city manager or his designee written notice, signed by the minor and countersigned by a parent of the minor with their home address and telephone number, specifying when and where the minor will be in a public place during hours when this chapter is applicable;
(e) When reasonable necessity exists for the minor remaining in a public place but only after the minor’s parent has communicated in writing to the city manager or his designee the facts establishing the reasonable necessity including the specific public place, the designated time, the purpose and all points of origin and destination;
(f) When necessary to avoid bodily harm to any person;
(g) When the minor is on a public street or sidewalk immediately adjacent to where the minor resides;
(h) When the minor is participating in a school activity or an activity of a religious or other voluntary association, or is returning home by a direct route (without unnecessary detour or stop) after the termination of such activity. If the event does not have a fixed, publicly known time at which it will or does end, the sponsoring organization must register the event with the city manager or his designee in advance, and give notice of the time that such event is scheduled to begin, the place at which it shall be held, the time at which it shall end, and the name of the sponsoring organization;
(i) When the minor is married;
(j) When the minor is, with parental consent, awaiting transport at the terminal of the Alaska Marine Highway or similar public transportation system during the times that such terminal is open for business;
(k) When the minor is, without any unnecessary detour or stop, directly engaged in legal employment or in travel to and from the place of such employment and home; provided, however, that the minor either:
(1) Carries an employment card issued by the city manager or his designee identifying the minor, the minor’s address, the name of the employer, the days and hours of employment and the date the card expires; or
(2) Is identified as an employee on a list monthly supplied by the minor’s employer to the city manager or his designee. Such list shall identify the minor, the name of the employer, the minor’s home address and work address, and the days of the week and hours of employment.
An employment card issued under this subsection may be suspended or terminated in the event of any violation of this chapter or other law. A minor’s name may be removed by the city manager or his designee from any employer’s list in the event of any violation of this chapter or other law. The city manager or his designee shall determine whether to issue an employment card or to require the employer to supply a list of minor employees and shall establish requirements for issuance and termination of employment cards;
(l) When the minor is participating in or traveling directly to or from an event or occurrence which has been authorized by the city manager or his designee and which is expected to involve more minors than can be conveniently granted individual permission under other subsections of this section;
(m) When authorized by regulation established by the city manager or his designee for activities, events or occurrences not adequately provided for under the previous subsections. (Ord. 1411 § 2, 1998; Ord. 1263 § 1, 1993; Ord. 1092 § 1, 1986; Ord. 711 § 1, 1968. Code 1962 § 13-27)
9.36.040 Parent(s) or other person(s) responsibility.
It is unlawful for any parent(s) or other person having the custody or control of any minor to allow such minor to be in public places in violation of this chapter. The presence of a minor in a public place in violation of this chapter shall be prima facie evidence of the guilt of the parent(s) or other person having the custody or control of such minor. (Ord. 1411 § 2, 1998. Code 1962 § 13-28)
9.36.050 Penalty for violation.
Any person who violates any provision of this chapter may be punished by a fine not to exceed $300.00. (Ord. 1411 § 2, 1998; Ord. 744 § 5, 1971. Code 1962 § 13-29)
9.36.060 Definitions.
The following definitions apply to this chapter only:
“Employer” is a person or business enterprise which recruits, registers, pays, hires or uses minors to provide services or which benefits from any services provided by minors in the course of its business and includes any such person or enterprise which supplies products or materials for sale or distribution by the minor. The term “employer” includes:
(1) The publishers or distributors of publications which are delivered by minors even if those minors are otherwise considered to be self-employed; and
(2) Organizations such as scouts, church groups, school sponsored clubs, teams, charitable groups and other organizations which raise money through solicitations, deliveries or sales by minors;
A minor may not be considered to be self-employed but shall be considered to be employed by the person or business enterprise which supplies goods for sale, assembly, distribution, transportation, solicitation or other commercial purposes. In the absence of any such person or enterprise, the parent shall be considered to be the employer. A minor is considered to be employed when engaged in any of the activities described in this subsection;
“Minor” means a person under the age of 18;
“Parent” means any person having legal custody of a minor, a parent, foster parent, step-parent, legal guardian, or a person acting as parent with the legal custodian’s approval. In the event of a conflict between persons claiming to be parents the person who has legal custody at the time shall be deemed the parent;
“Public place” means any place to which the public has access including, but not limited to: streets, sidewalks, areas with public rights-of-way, publicly and privately owned parking lots, parks, vacant lots, stores, shopping centers, places of public entertainment, bowling alleys, theaters, restaurants, schools and school grounds, playgrounds and athletic fields, public buildings and docks. (Ord. 1411 § 2, 1998)