Chapter 9.12
CURFEW FOR MINORS Revised 7/18
Sections:
9.12.010 Definitions. Revised 7/18
9.12.015 Statement of purpose. Revised 7/18
9.12.020 Hours – Summer. Revised 7/18
9.12.030 Hours – School year. Revised 7/18
9.12.040 Violation – Detention of minor. Revised 7/18
9.12.050 Violation – Parents and guardians. Revised 7/18
9.12.060 Violation – Businesses. Revised 7/18
9.12.070 Exceptions to violations. Revised 7/18
9.12.010 Definitions. Revised 7/18
As used in this chapter:
“Emergency” means an unforeseen combination of circumstances that call for immediate action including, but not necessarily limited to, a fire, natural disaster, automobile accident, life-threatening illness or accident, or any other situation requiring immediate action to prevent physical injury or loss of life.
“Guardian” means a person who is legally responsible for a minor.
“Insufficient control” means a parent or guardian’s neglect or carelessness in reasonably knowing the whereabouts of a juvenile in that parent or guardian’s legal custody.
“Knowingly” means, with respect to conduct or to a circumstance described by a provision of this chapter, when the person is aware that his or her conduct is of that nature or that the circumstance exists; knowledge is established if a person is aware of a substantial probability of its existence. A person who is unaware of conduct or a circumstance of which the person would have been aware had the person not been intoxicated acts knowingly with respect to that conduct or circumstance.
“Minor” means a person who has not attained the age of majority as that term is defined in AS 25.20.010 and 25.20.020 and for whom the disabilities of minority have not been removed for general purposes under AS 09.55.590.
“Operator” means any individual, association, partnership, or corporation that operates or manages any establishment.
“Peace officer” means a North Slope Borough public safety officer, or an employee of the Alaska Department of Health and Social Services authorized to take minors into custody under AS 47.12.250, or an employee of the North Slope Borough department of health and social services designated to serve as a truant officer by the department.
“School year” means the dates during which school is in session as established by the North Slope Borough School District.
“Summer” means that period after the close of the school year and prior to the commencement of the succeeding school year as established by the North Slope Borough School District. (Ord. 06-2017 §2(part): Ord. 99-06 (part): Ord. 88-7 §3(part): Ord. 82-7 §2(part): prior code §9.16.030)
9.12.015 Statement of purpose. Revised 7/18
The purpose of this chapter is to:
A. Promote the general welfare of the community through the reduction of juvenile crime and violence within the city;
B. Protect the city’s youth, whose life inexperience renders them particularly vulnerable to participation in unlawful activities and to being victimized by perpetrators of crime; and
C. Foster and strengthen parental and guardian responsibility for children. (Ord. 06-2017 §2(part))
9.12.020 Hours – Summer. Revised 7/18
A. A parent or guardian shall require a minor in his or her legal custody to observe the following curfew: A minor (unless accompanied by a parent or guardian or otherwise excepted from the curfew in accordance with Section 9.12.070) shall not be in or upon public streets, public areas, public buildings or private businesses in the city between the hours of midnight and six a.m. during the summer.
B. By resolution, the city council may suspend the curfew during the summer, or provide for the curfew to be in effect for fewer hours during the summer. (Ord. 06-2017 §2(part): Ord. 99-06 (part): Ord. 88-7 §3(part): Ord. 82-7 §2(part): prior code §9.16.010)
9.12.030 Hours – School year. Revised 7/18
A parent or guardian shall require a minor in his or her legal custody to observe the following curfew: A minor (unless accompanied by a parent or guardian or otherwise excepted from the curfew in accordance with Section 9.12.070) shall not be in or upon public streets, public areas, public buildings or private businesses in the city between the hours of ten p.m. to six a.m. during the school year established by the North Slope Borough School District; provided, however, that the curfew for any evening on which the next day is a Saturday, Sunday or a school holiday shall be midnight until six a.m. (Ord. 06-2017 §2(part): Ord. 99-06 (part): Ord. 88-7 §3(part): Ord. 82-7 §2(part): prior code §9.16.020)
9.12.040 Violation – Detention of minor. Revised 7/18
If a peace officer has probable cause to believe that a minor is in violation of the curfew established by this chapter, then he or she may take the minor into custody for the sole purpose of either returning him or her to his or her parent or guardian or, if the minor prefers, to a shelter operated under contract with the State Department of Health and Social Services. (Ord. 06-2017 §2(part): Ord. 99-06 (part): Ord. 88-7 §3(part): Ord. 82-7 §2 (part): prior code §9.16.040)
9.12.050 Violation – Parents and guardians. Revised 7/18
A. A parent or guardian who knowingly, willfully, recklessly, or by insufficient control, violates this chapter shall, upon a first violation, pay a fine of not more than one hundred dollars.
B. A parent or guardian who knowingly, willfully, recklessly, or by insufficient control, violates this chapter shall, upon a second violation, pay a fine of not more than two hundred dollars.
C. A parent or guardian who knowingly, willfully, recklessly, or by insufficient control, violates this chapter shall, upon a third and subsequent violation, pay a fine of not more than three hundred dollars.
D. A parent or guardian who knowingly, willfully, recklessly, or by insufficient control, violates this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. (Ord. 06-2017 §2(part): Ord. 99-06 (part): Ord. 88-7 §3(part): Ord. 84-20 §13, 1984; Ord. 82-7 §2 (part): prior code §9.16.050)
9.12.060 Violation – Businesses. Revised 7/18
A. The owner or operator of a private business enterprise who permits minors to remain on his premises after the hours of curfew established by this chapter is guilty of an infraction, except that a third or subsequent violation may be prosecuted as a misdemeanor punishable by a fine of up to two hundred fifty dollars.
B. These penalties shall not apply to taxicabs, buses and other forms of public or publicly regulated transportation. (Ord. 06-2017 §2(part): Ord. 99-06 (part): Ord. 88-7 §3(part): Ord. 84-20 §14, 1983; Ord. 82-7 §2(part): prior code §9.16.060)
9.12.070 Exceptions to violations. Revised 7/18
A. It is an exception to a violation of Sections 9.12.040, 9.12.050 and 9.12.060 if the minor was:
1. Accompanied by his or her parent or guardian, or an adult lawfully supervising the minor;
2. On an errand at the written direction of his or her parent or guardian, without any detour or stop (written direction must be signed, timed and dated by the parent or guardian and must indicate the specific errand);
3. Involved in an emergency;
4. Engaged in an employment activity, or going to or returning from an employment activity, without detour or stop;
5. On the public right-of-way immediately abutting the minor’s residence or immediately abutting the residence of a next-door neighbor, if the neighbor did not complain to the police department about the minor’s presence;
6. Attending, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the city of Utqiaġvik, the North Slope Borough, a civic organization, or another similar entity that takes responsibility for the minor; or
7. Exercising first amendment rights protected by the United States Constitution and the Constitution of the State of Alaska, such as the free exercise of a religion, freedom of speech, and the right of assembly.
B. It is an exception to a violation of Section 9.12.060 that the owner, operator or employee of a business promptly notified the North Slope Borough police department that a minor was present on the premises of the business during curfew hours and refused to leave. (Ord. 06-2017 §2(part): Ord. 02-2017 §2(part); Ord. 99-06 (part))