CHAPTER 6-05
MINORS
SECTIONS:
6-05-001-0001 CURFEW:
6-05-001-0001.1 JUVENILES FIFTEEN YEARS OF AGE OR YOUNGER:
6-05-001-0001.2 JUVENILES SIXTEEN YEARS OF AGE OR OLDER:
6-05-001-0001.3 RESPONSIBILITY OF PARENT OR GUARDIAN:
6-05-001-0001.4 VIOLATIONS; EXCEPTIONS:
6-05-001-0001.5 VIOLATIONS; KNOWLEDGE BY PARENT OR GUARDIAN:
6-05-001-0001.6 VIOLATIONS; DELIVERY OF JUVENILE INTO CUSTODY OF PARENT OR GUARDIAN:
6-05-001-0001.7 VIOLATION PENALTIES:
6-05-001-0002 OPERATING AMUSEMENT MACHINES:
6-05-001-0003 LOITERING:
6-05-001-0001 CURFEW:
6-05-001-0001.1 JUVENILES FIFTEEN YEARS OF AGE OR YOUNGER:
It shall be unlawful for any juvenile under the age of sixteen years to be, remain or loiter in, about or upon any place in the City away from the dwelling house or usual place of abode of said juvenile, between the hours of 10:00 o’clock P.M. and 5:00 o’clock A.M. the following day.
6-05-001-0001.2 JUVENILES SIXTEEN YEARS OF AGE OR OLDER:
It shall be unlawful for any juvenile sixteen years of age or older and under the age of eighteen years of age to be, remain or loiter in, about or upon any place in the City away from the dwelling house or usual place of abode of said juvenile, between the hours of 12:00 o’clock midnight and 5:00 o’clock A.M.
6-05-001-0001.3 RESPONSIBILITY OF PARENT OR GUARDIAN:
It shall be unlawful for the parent, guardian or other adult person having the care, custody or supervision of a juvenile to permit such juvenile to be, remain or loiter in, about or upon any place in the City away from the dwelling house or usual place of abode of said juvenile in violation of Sections 6-05-001-0001.1 and .2.
6-05-001-0001.4 VIOLATIONS; EXCEPTIONS:
The curfew set forth in Sections 6-05-001-0001.1., 2. and 3. do not apply:
A. To legally emancipated minors, whether the emancipation be through marriage, military service or other legally sufficient grounds.
B. To minors who are accompanied by their parents, guardian or other person having the legal care and custody of the minor.
C. To minors, with the permission of a parent, guardian, or other person having the legal care and custody of the minor, when the minor’s presence is reasonably required in the pursuit of a lawful occupation, business or profession in which the minor is then engaged.
D. To a minor on an emergency errand, medical or otherwise.
E. To a minor going to or from a school, church, or a place, other than an establishment or location for which a series 6 (bar with hard liquor) liquor license has been issued by the State of Arizona, for a function sponsored by or related to a school, church, or other non-profit organization, or a private residence, with the permission of the parent, guardian or other person having the legal care and custody of the minor.
(Ord. 2000-18, Amended, 08/01/2000)
6-05-001-0001.5 VIOLATIONS; KNOWLEDGE BY PARENT OR GUARDIAN:
It shall not constitute a defense hereto that such parent, guardian or other adult person having the care, custody or supervision of such juvenile coming within the provisions of Sections 6-05-001-0001.1 or .2, did not have actual knowledge of the presence of such juvenile in, about, or upon any place in the City away from the dwelling house or usual place of abode of said juvenile, if said parent, guardian or other person having the care, custody or supervision of such juvenile, in the exercise of reasonable care and diligence, should have known of the aforementioned unlawful acts of such juvenile.
6-05-001-0001.6 VIOLATIONS; DELIVERY OF JUVENILE INTO CUSTODY OF PARENT OR GUARDIAN:
Any law enforcement officer who arrests a juvenile(s) for violating any of the provisions of Sections 6-05-001-0001.1. or .2 is empowered to demand the parent, guardian or other person having the care, custody or supervision of such juvenile that such parent, guardian or other person come and take such juvenile into custody. Should there be a failure of the parent, guardian or other person to take custody of such juvenile, the officer may then be empowered to take such juvenile home.
The law enforcement officer is also empowered to take the juvenile to a designated location where arrangements can be made for a parent, guardian or other appropriate party to take the juvenile into custody. It shall be unlawful for any such parent, guardian or other person having the care, custody or supervision of said juvenile to fail or refuse to take such juvenile into custody after such demand is made upon him.
If the parent, guardian or other person having the care, custody or supervision of said juvenile, cannot be reached, or it is adverse to public safety or the juvenile’s well being, to release the juvenile to the parent, guardian or other person having the care, custody or supervision of the juvenile, the law enforcement officer may incarcerate the juvenile in the appropriate juvenile detention center.
6-05-001-0001.7 VIOLATION PENALTIES:
A. Any juvenile who violates the provisions of this Section shall be guilty of a Class 3 misdemeanor. The proceedings shall be taken in accordance with and pursuant to the juvenile code as contained in the Arizona Revised Statutes, Section 8-201, et seq.
B. Any parent, guardian or other adult person having the care, custody or supervision of a juvenile who violates the provisions of this Section shall be deemed guilty of a Class 3 misdemeanor. (Ord. 1935, 02/18/97)
(Ord. No. 1935, Amended, 02/18/97)
6-05-001-0002 OPERATING AMUSEMENT MACHINES:
It shall be unlawful for any minor under the age of sixteen (16) years to play or operate any slug or coin operated device operated by slugs or coins of any denomination, within the City, which device provides or permits any prizes, or anything of value as a result of the operation thereof, and separate and distinct from the continued operation thereof, and it shall be unlawful for any proprietor, agent or employee of any business establishment, or other place where any coin operated amusement device is maintained for hire, to permit or suffer any minor under the age of sixteen (16) years to play or operate such device.
Provided, however, that nothing contained herein shall prohibit or penalize such playing or operation by any minor under the age of sixteen (16) years or the permission or sufferance of same by any agent or employee of any business establishment, or such other place, of such a device where said device allows free replays or additional bonuses, points or units of time upon the reaching of a score designated upon such machine. (Ord. 1094, 9-18-79)
6-05-001-0003 LOITERING:
It shall be unlawful for any person under the age of eighteen (18) years to play, loiter or congregate upon the station grounds or right of way of the railroads of the City or upon any of the streets or alleys bounding or intersecting any streets adjacent to such grounds in the City.
For the purpose of this Chapter, "loiter" shall mean to delay an activity with aimless stops and pauses, to linger, to hang around, either on foot or in a vehicle. (Ord. 753, 4-22-69)