Chapter 9.28
CHILD CURFEW AND PARENTAL RESPONSIBILITY
Sections:
9.28.050 Parental responsibility.
9.28.060 Investigation of curfew violation.
9.28.070 Temporary custody of child.
9.28.080 Violations—Penalties.
9.28.010 Purpose.
The purposes of this chapter are the preservation of public safety and the reduction of the increasing rates of acts of violence by and against children. Parents and custodians are declared to be responsible for controlling the activities of their children during nighttime and early morning hours. (Res. CE 97-008: Ord. 96-100-01 § 1)
9.28.020 Definitions.
The following definitions shall apply to this chapter:
A. “Child” or “children” shall mean any person, male or female, under the age of eighteen years.
B. “Parent or custodian” shall mean the mother, father, guardian or other person having the care, custody or control of a child.
C. “Returning home” shall mean traveling to a child’s home or the residence of the child’s parent or custodian directly from the place of departure, without interruption or delay. (Res. CE 97-008: Ord. 96-100-01 § 2)
9.28.030 Curfew for children.
No child shall be in or upon the public streets, roads, highways, sidewalks, parks, playgrounds, school grounds, cemeteries, or in or upon any private property which is open to the public, between the hours of 11:00 p.m. and 5:00 a.m. on Sunday through Thursday nights, and between the hours of 12:01 a.m. and 5:00 a.m. on Saturday and Sunday mornings. (Res. CE 97-008: Ord. 96-100-01 § 3)
9.28.040 Defenses.
It shall be a defense to the curfew provisions of Section 9.28.030 that one or more of the following circumstances applies:
A. The child has been legally declared to be emancipated;
B. The child is married;
C. The child is accompanied by a parent or custodian, or is accompanied by a responsible adult approved by the child’s parent or guardian;
D. The child is engaged in lawful employment or is returning home from lawful employment;
E. The child is seeking emergency assistance; or
F. The child is returning home from an activity organized and/or sponsored by a school or an activity supervised by a responsible adult;
G. The child is in a motor vehicle and engaged in interstate travel with the consent of his or her parent or custodian. (Res. CE 97-008: Ord. 96-100-01 § 4)
9.28.050 Parental responsibility.
It is unlawful for the parent or custodian of a child to permit, or by lack of exercising control to allow, his or her child to violate the curfew provisions of Section 9.28.030. (Res. CE 97-008: Ord. 96-100-01 § 5)
9.28.060 Investigation of curfew violation.
A law enforcement officer is authorized to detain and question any child he or she reasonably suspects to be in violation of Section 9.28.030 in order to obtain the name, address and age of the child, the name and address of the child’s parent or custodian, and to determine whether a specified defense under Section 9.28.040 may apply. (Res. CE 97-008: Ord. 96-100-01 § 6)
9.28.070 Temporary custody of child.
A. Upon probable cause to believe a violation of this chapter has been committed, the law enforcement officer shall take the child into temporary custody for the safety and best interests of the child’s well being and inform the child of the reason for such custody. The law enforcement officer shall, as soon as practical thereafter, inform the child’s parent or custodian, either by telephone or in person, that the child has been taken into custody and the reasons therefore.
B. If a child taken into temporary custody is under the age of sixteen, then the following action shall be taken:
1. If the child resides in Douglas County, and after having notified the child’s parent or custodian that the child has been taken into custody, the law enforcement officer shall transport and release the child to his or her parent or custodian. If no parent or custodian can be located, then the child may be released to an adult family member or other responsible adult known to the child who agrees to take custody and control of the child.
2. If the child does not reside in Douglas County, and after notifying the child’s parent or custodian that the child has been taken into custody, the child’s parent or custodian may retrieve the child from the Douglas County Sheriff’s Office within a reasonable time. If no parent or custodian can be located, then the child may be retrieved by an adult family member or other responsible adult known to the child who agrees to take custody and control of the child.
3. If the child’s parent or custodian is not home and cannot be located elsewhere within a reasonable time, or if a parent or custodian, an adult family member or a responsible adult known to the child refuses to accept custody of or retrieve the child, then the child shall be released to the custody of juvenile department or the department of social and health services.
C. If a child taken into temporary custody is over the age of fifteen, then the following action shall be taken:
1. If the child resides in Douglas County, the child shall be transported and returned to his or her home, without regard to the presence of a parent or custodian or other responsible adult at such home.
2. If the child does not reside in Douglas County, the child’s parent or custodian may retrieve the child from the Douglas County Sheriffs Office within a reasonable time. If no parent or custodian can be located, then the child may be retrieved by an adult family member or other responsible adult known to the child who agrees to take custody and control of the child. (Res. CE 97-008: Ord. 96-100-01 § 7)
9.28.080 Violations—Penalties.
A. A warning shall be issued to the child’s parents or custodians on the first violation of this chapter by using a notice of infraction clearly identified as a warning and for which no monetary penalty shall be imposed. No more than one warning may be issued to a child’s parents or custodians and all subsequent violations shall be charged by issuance of a notice of infraction.
B. After having received a prior warning pursuant to subsection A of this section, a violation of this chapter by a parent or custodian shall constitute a civil infraction and be charged by issuance of a notice of infraction. The notice of infraction shall include the date, time and location of the child when found, and the location to which the child was taken by a law enforcement officer. A parent or custodian found to have committed a violation of this chapter shall be assessed a monetary penalty of not less than fifty dollars and not more than five hundred dollars for each violation. (Res. CE 97-008: Ord. 96-100-01 § 8)
9.28.090 Severability.
If any provision of this chapter or its application to any person or circumstances is held to be invalid, the remainder of this chapter or the application to other persons or circumstances shall not be affected. (Res. CE 97-008: Ord. 96-100-01 § 9)
9.28.100 Effective date.
The effective date of the ordinance codified in this chapter is January 1, 1997. (Res. CE 97-008: Ord. 96-100-01 § 10)