CHAPTER 6
OFFENSES RELATING TO MINORS
Sections:
8-6-102 Aiding or Assisting Curfew Violation.
8-6-103 Billiard and Pool Halls.
8-6-104 Misrepresentation of Age.
8-6-101 Curfew.
(1) Except as provided in subsection (3) of this section, it shall be unlawful for any minor under the age of sixteen (16) years to be in or on any public street, park, square, or any public place between the hours of 11:00 p.m. and 5:00 a.m. the following day.
(2) Except as provided in subsection (3) of this section, it shall be unlawful for any minor under the age of eighteen (18) years to be in or on any public street, park, square, or any public place between the hours of 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday and 5:00 a.m. the following morning, or between the hours of 1:00 a.m. and 5:00 a.m. on Saturday and Sunday.
(3) The provisions of subsections (1) and (2) of this section shall not apply to any circumstance in which the minor is:
(a) Accompanied by a parent, guardian, or other responsible adult having care and custody of the minor;
(b) Engaged in a legitimate trade, employment or occupation which requires the minor’s presence in or on the public places while engaged in such employment or traveling to or from such employment;
(c) Engaged on an emergency errand;
(d) Attending or engaged in traveling between the minor’s home or place of residence and any bona fide religious, municipal, sporting, entertainment, political or school function;
(e) Within the boundaries of the minor’s place of residence; or
(f) In a motor vehicle engaged in normal interstate travel beginning in, traveling through, or ending in the City.
(4) Any minor who is in violation of subsection (1) or (2) of this section is guilty of a misdemeanor and shall be arrested. Upon arrest, the minor shall be delivered to the custody of the parent, guardian, or other person having the care and custody of the minor. It shall be unlawful for any parent, guardian or other person having the care and custody of a minor who is arrested for violation of subsection (1) or (2) of this section to knowingly refuse to take physical custody of the minor within a reasonable time after being requested to do so by a peace officer.
(5) For purposes of this Section:
(a) “Care and custody” means the legal authority of a parent or guardian to supervise or otherwise be responsible for a minor, or the express authority given from such parent or guardian to another adult to supervise or otherwise be responsible for the activities and care of the minor.
(b) “Emergency errand” means any errand or travel undertaken to directly and immediately seek to prevent or reduce the consequences of an illness or injury, criminal or potential criminal activity, fire or accident, and shall include the seeking of aid and assistance from medical or emergency response personnel and the purchase of medicine.
(c) “Minor” means any unmarried, unemancipated person who is not a member of the Armed Forces of the United States and who is under the age of sixteen (16) years for the purposes of subsection (1) of this section or who is under the age of eighteen (18) years for purposes of subsection (2) of this section.
(d) “Public place” means any place open to the public, whether publicly or privately owned, including, but not limited to, parking lots and the interiors and exteriors of commercial establishments such as restaurants, stores and places of entertainment.
(1968 Code 6-2-1; 1979 Code 8-6-1; amended in codification; renumbered by Ord. No. 25-92; amended by Ord. No. 1-94; Ord. No. 03-2009, 03/17/2009)
8-6-102 Aiding or Assisting Curfew Violation.
(1) It shall be unlawful for any parent, guardian or other person having care and custody of any minor to knowingly allow or permit the minor to violate the provisions of this Section.
(2) It shall be unlawful for any person to assist, aid, abet, permit, or encourage any minor to violate the provisions of Section 8-6-101.
(3) It shall be unlawful for any proprietor, keeper, clerk, or other person having charge or control of any cafe, tavern, restaurant, bar, eating place or public dance hall within the City to permit any person under the age of eighteen (18) years to remain in said public place during the curfew hours provided in Section 8-6-101.
(4) A person violating any provision of this Section shall be guilty of a misdemeanor.
(Statutory Authority UCA 10-8-39; 1968 Code 6-2-2; amended in codification 1979; 1979 Code 8-6-2; renumbered by Ord. No. 25-92; amended by Ord. No. 1-94; Ord. No. 03-2009, 03/17/2009)
8-6-103 Billiard and Pool Halls.
It shall be unlawful for any person under the age of twenty-one (21) years to frequent, loiter, or remain in any pool or billiard hall if beer is kept, sold or consumed on the premises. It shall be unlawful for any person under the age of fourteen (14) years to frequent, loiter, or remain in any pool or billiard hall in this City.
(Statutory Authority UCA 10-8-40; 1968 Code 6-2-3; 1979 Code 8-6-3; renumbered by Ord. No. 25-92; Ord. No. 03-2009, 03/17/2009)
8-6-104 Misrepresentation of Age.
It shall be unlawful for any minor to misrepresent his age, or for any other person to knowingly misrepresent the age of a minor, for the purpose of obtaining an alcoholic beverage.
(Statutory Authority UCA 32-7-15.5; added in codification 1979; 1979 Code 8-6-4; renumbered by Ord. No. 25-92; Ord. No. 03-2009, 03/17/2009)
8-6-105 [Repealed]
(Repealed by Ord. No. 03-2009, 03/17/2009)
8-6-106 [Repealed]
(Repealed by Ord. No. 03-2009, 03/17/2009)