Chapter 9.10
OFFENSES BY OR AGAINST MINORS
Sections:
Article I. Curfew
9.10.020 Minor prohibited where beer is sold.
Article II. Tobacco
9.10.040 Permitting minors to use tobacco in place of business.
9.10.050 Furnishing cigars, cigarettes or tobacco to minors.
9.10.060 Buying or possessing cigars, cigarettes or tobacco by minors.
Article I. Curfew
9.10.010 Curfew.
(1) Definitions.
(a) “Closed campus” means that all compulsory school age individuals are to remain on campus from their time of arrival until classes are dismissed at the end of the school day with the following exceptions:
(i) A parent or guardian has provided permission for a student to leave school for a specified need; or
(ii) A student has a school-approved work release privilege; or
(iii) A student meets criteria established by their school administration and is eligible for off campus privileges.
(b) “Compulsory school age minor” means a person between six and 18 years of age that is not exempted and must be attending a public or regularly established private school during the school year of the district in which the minor resides pursuant to Utah Compulsory Education Requirements, Sections 53A-11-101 to 53A-11-106, Utah Code Annotated 1953.
(c) “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(d) “Establishment” means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
(e) “Guardian” means:
(i) A person who, under court order, is the guardian of the person of a minor; or
(ii) A person appointed guardian by a school district pursuant to Section 53A-2-202, Utah Code Annotated 1953; or
(iii) A person delegated parental powers pursuant to Section 75-5-103, Utah Code Annotated 1953; or
(iv) A public or private agency with whom a minor has been placed by a court.
(f) “Minor” means any person under 18 years of age, who is not married or emancipated.
(g) “Open campus” means when a compulsory school age minor is allowed by school officials to leave school for lunch purposes.
(h) “Operator” means any individual, form, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes members or partners of an association or partnership and the officers of a corporation.
(i) “Parent” means a person who is:
(i) A natural parent, adoptive parent, or stepparent of another person; or
(ii) At least 18 years of age, or graduated from high school, and authorized by a parent or guardian to have the care and custody of a minor.
(j) “Public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, public transit buses and property and shops.
(k) “Remain” means to:
(i) Linger or stay after legitimate business has been concluded; or
(ii) Fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.
(l) “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(m) “Truant” means absent from school without a valid excuse.
(n) “Truancy hours” means those hours in which a compulsory school age youth should be attending school in the district or jurisdiction in which the student resides.
(o) “Valid excuse” means an excuse for an absence from school consistent with Section 53A-11-101(9), Utah Code Annotated 1953, and may include:
(i) Illness;
(ii) Written permission from parent or guardian;
(iii) Family death;
(iv) Approved school activity;
(v) Any other excuse established as valid by a local school board, local charter board or school district where the minor resides.
(2) Offenses.
(a) A minor under 16 years of age commits an offense if he or she is upon any sidewalk, street, alley or public place in the city between the hours of 10:00 p.m. and 6:00 a.m., unless accompanied by an adult duly authorized by the parent or legal guardian, having the care or custody of such minor, except as provided in subsection (3) of this section.
(b) A person between the age of 16 years and 18 years commits an offense if he or she is upon any sidewalk, street, alley or public place in the city between the hours of 11:00 p.m. and 6:00 a.m., any day of the week, other than Friday, Saturday or Sunday unless accompanied by an adult duly authorized by the parent or legal guardian, having the care or custody of such minor, except as provided in subsection (3) of this section.
(c) A person between the age of 16 and 18 years commits an offense if he or she on Saturday or Sunday of any given week is upon any sidewalk, street, alley or public place in the city between the hours of 1:00 a.m. and 6:00 a.m. unless accompanied by an adult duly authorized by the parent or guardian, having the care or custody of the minor, except as provided in subsection (3) of this section.
(d) A compulsory school age minor who is not exempt from school attendance pursuant to Section 53A-11-102, Utah Code Annotated 1953, commits an offense if he or she remains in any public place or on the premises of any establishment within the city during truancy hours.
(e) A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control allows the minor to remain in any public place or on the premises of any establishment within the city under circumstances not constituting a defense as provided in subsection (3) of this section; or if a parent or guardian knowingly permits or by insufficient control allows, a compulsory school age minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(3) Defenses.
(a) It is a defense to prosecution under subsection (2) of this section that the minor was:
(i) Accompanied by the minor’s parent or guardian;
(ii) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(iii) In a motor vehicle involved in interstate or intrastate travel with permission of the minor’s parent or guardian;
(iv) Engaged in an employment activity, or going to or returning home from an employment activity;
(v) Involved in an emergency;
(vi) Following school policy regarding open campus for lunch;
(vii) Previously granted an exception from compulsory education under Section 53A-11-102 or 53A-11-102.5, Utah Code Annotated 1953;
(viii) Going to or from participating in activities, the 30-minute period immediately prior to or following and including an official school, religious or other recreational or community activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
(ix) Exercising First Amendment rights protected by the United States Constitution, such as, the free exercise of religion, freedom of speech, and the right of assembly;
(x) On the sidewalks abutting the minor’s residence, or abutting the residence of a next-door neighbor, if the neighbor did not complain to the police about the minor’s presence;
(xi) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, a religious organization or another similar entity, or going to or returning home from said activity during the 30-minute period immediately prior to or following the conclusion of said activity.
(4) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender for identification documentation, age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (3) of this section is present.
(5) Penalties. A person who violates a provision of this chapter is guilty of a class C misdemeanor for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a minimum fine of $100.00 and any other sanctions provided by law and determined appropriate by the court.
(6) Jurisdiction. A violation under this section by an adult shall be considered to be in violation of Section 53A-11-101, Utah Code Annotated 1953, for purposes of jurisdiction and the juvenile court shall have concurrent jurisdiction with the justice court for purposes of adjudication of allegations hereunder. [Ord. 09-115, 2009.]
9.10.020 Minor prohibited where beer is sold.
(1) It is unlawful for any person to operate any pool or billiard hall in this municipality if beer as defined in this code is kept, sold, or consumed without first making a regulation and enforcing the same, keeping posted in a conspicuous place the terms of such regulation, which shall read, “No person under 21 years of age permitted in these premises.”
(2) It is unlawful for any person in charge of or employed in such pool or billiard hall to permit any person under the age of 21 to enter upon or remain in said premises for any purpose.
(3) Pool or billiard halls may be kept open to minors where no beer as defined in this code is kept or consumed or sold. [Ord. 87-34 § 13-03-003, 1987.]
Article II. Tobacco
9.10.030 Definitions.
“Enclosed public place” means the dining rooms in hotels, restaurants, cafes and cafeterias, theaters, arenas, passenger elevators, streetcars, buses, interurban and railway passenger coaches, motor and other passenger vehicles used by common carriers, railway station waiting rooms, and state, county and city buildings; but the owner or proprietor of any hotel dining room, restaurant, cafe, or cafeteria may designate the same as a public smoking room by a conspicuous sign at or near the entrance, and in any state, county, or city building any public officer who has a private office separate and apart from his public office may, if he so desires, designate the private office as a place where smoking may be permitted, and, so long as the private office is so designated, smoking therein shall not be considered in violation of this article.
“Place of business” means any and all such places as shops, stores, factories, public garages, offices, theaters, recreation and dance halls, poolrooms, cafes, cabarets, restaurants, hotels, lodging houses, streetcars, buses, interurban and railway passenger coaches and waiting rooms. [Ord. 87-34 § 13-08-001, 1987.]
9.10.040 Permitting minors to use tobacco in place of business.
It is an infraction for the proprietor of any place of business to knowingly permit persons under age 19 to frequent a place of business while they are using tobacco. [Ord. 87-34 § 13-08-003, 1987.]
9.10.050 Furnishing cigars, cigarettes or tobacco to minors.
Any person who sells, gives, or furnishes any cigar, cigarette, or tobacco in any form to any person under 19 years of age is guilty of an infraction. [Ord. 87-34 § 13-08-004, 1987.]
9.10.060 Buying or possessing cigars, cigarettes or tobacco by minors.
Any person under the age of 19 years who buys, accepts, or who has in his possession any cigar, cigarette or tobacco in any form is guilty of an infraction, or may be classified as a delinquent child and referred to the juvenile courts. [Ord. 87-34 § 13-08-005, 1987.]