Chapter 9.04
CURFEW
Sections:
9.04.010 Juveniles under sixteen years--Exceptions.
9.04.020 Juveniles sixteen years of age or older--Exceptions.
9.04.030 Responsibility of parent or guardian.
9.04.040 Violations--Exceptions.
9.04.050 Violations--Knowledge by parent or guardian.
9.04.060 Violations--Separate offenses.
9.04.070 Violations--Delivery of juvenile into custody of parent or guardian.
9.04.080 Violations--Penalties.
9.04.010 Juveniles under sixteen years--Exceptions.
It is unlawful for any juvenile under the age of sixteen (16) years to be, remain or loiter in, about or upon any place in the Town away from the dwelling house or usual place of abode of said juvenile, between the hours of ten p.m. and five a.m. of the following day. (Ord. 94-101 § 1)
9.04.020 Juveniles sixteen years of age or older--Exceptions.
It is unlawful for any juvenile sixteen (16) years of age or older and under the age of eighteen (18) years to be, remain or loiter in, about or upon any place in the Town away from the dwelling house or usual place of abode of said juvenile, between the hours of twelve midnight and five a.m. of the following day. (Ord. 94-101 § 2)
9.04.030 Responsibility of parent or guardian.
It is 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 Town away from the dwelling house or usual place of abode of said juvenile in violation of Sections 9.04.010 and 9.04.020. (Ord. 94-101 § 3)
9.04.040 Violations--Exceptions.
The curfew set forth in Sections 9.04.010, 9.04.020 and 9.04.030 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 parent, guardian or other person having the legal care and custody of the minor;
C. To minors who would otherwise be in violation of the terms of this chapter when:
1. Their presence is reasonably required in the pursuit of a lawful occupation, business or profession in which the minor is then engaged; with the permission of a parent, guardian, or other person having the legal care and custody of the minor, or
2. The minor is on an emergency errand, medical or otherwise, or
3. The minor is going to or from a place or function sponsored by or related to school, church, civic, or other nonprofit organization. These functions shall include, but are not necessarily limited to: classes, services, meetings, dances, dramatic or musical performances, sporting events, or other social events sponsored by school, religious, civic, or other nonprofit organizations, with the permission of the parent, guardian or other person having the legal care and custody of the minor. (Ord. 94-101 § 4)
9.04.050 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 Section 9.04.010 or Section 9.04.020, did not have actual knowledge of the presence of such juvenile in, or about or upon any place in the Town 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 or juveniles, in the exercise of reasonable care and diligence, should have known of the aforementioned unlawful acts of such juvenile or juveniles. (Ord. 94-101 § 5)
9.04.060 Violations--Separate offenses.
Each violation of the provisions of Sections 9.04.010, 9.04.020 and 9.04.030 shall constitute a separate offense. (Ord. 94-101 § 6)
9.04.070 Violations--Delivery of juvenile into custody of parent or guardian.
In addition to any other powers he or she may have, any law enforcement officer who arrests a juvenile for violating any of the provisions of Sections 9.04.010 or 9.04.020 is also empowered to demand of 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. It is 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 or her. (Ord. 94-101 § 7)
9.04.080 Violations--Penalties.
A. It is unlawful for any juvenile to violate the provisions of Sections 9.04.010 or 9.04.020; court proceedings and discipline shall be in accordance with and pursuant to the State Juvenile Code as contained in Arizona Revised Statutes, Title 8, Chapter 2, as amended.
B. Any adult violating the provisions of Sections 9.04.030, 9.04.050 or 9.04.070 shall be guilty of a Class III misdemeanor. See Chapter 1.16. (Ord. 98-154 §§ 6, 7: Ord. 94-101 § 8)