940:0

City Code: 940:0

Section 940 - Curfew

Section 940:00. Curfew Established. No person under the age of eighteen (18) years shall be on or present in any public street, avenue, alley, park or other public place, or any playground or place open to the public, or place of amusement and entertainment or vacant lot, or any private premises other than those upon which his or her usual place of residence is located, without the knowledge, consent and approval of the owner or person in charge of, or responsible for, said private property between the hours of 12:00 midnight and 5:00 a.m. of the following day on Friday and Saturday nights, and on every other night, between the hours of 11:00 p.m. and 5:00 a.m. of the following morning, official City time. Persons under the age of sixteen (16) shall be similarly restricted from the hours of 10:00 p.m. to 5:00 a.m. of the following day each day of the week.

Section 940:05. Exclusion. The provisions of Section 940:00 above shall not apply to any minor accompanied by his parent, guardian or person having lawful control and permission or direction of said minor's parent, guardian or person having legal custody of said minor, and shall not apply to any such minor who is proceeding without loitering, loafing or idling directly to or from school, community or family function or business, job or other gainful employment directed by his or her parent, guardian or adult person having authorized care and custody of such minor.

Section 940:10. Parental Responsibility. No parent, guardian or other person having the lawful care, custody or control of any person under the age of eighteen (18) years shall allow or permit such person or persons to violate the provisions of Section 940:00 above.

Section 940:15. Proprietor Responsibility.

Subd. 1. No person in charge of any place of amusement, entertainment or refreshment, or other place of business, shall permit any minor under the age of eighteen (18) years to loiter, loaf or idle in such place during the hours prohibited by Section 940:00 above.

Subd. 2. This section shall not be construed as permitting the presence at any time of any person under the age of eighteen (18) years in any place where his presence is now prohibited by any existing law or ordinance.

Subd. 3. Whenever the owner or person in charge or in control of any place of amusement, entertainment, refreshment or other place of business shall find persons under the age of eighteen (18) years loitering, loafing or idling in such place of business, in violation of any ordinance of this municipality, he shall immediately order such person to leave and if such person refuses to leave the said place of business, the operator shall immediately notify the Police Department and inform them of the violation.

Section 940:20. Arrest and Disposition of Violators. Any lawfully designated police officer is authorized to arrest without or with warrant any person or persons under the age of eighteen (18) years violating the provisions of Sections 940:00 et seq. and shall notify, as soon as reasonably possible, the parents, guardian or person having lawful custody of any minor so arrested.

Section 940:30

Section 940:30. Evidence. The fact of minors under the age of eighteen (18) not accompanied by parent, guardian or other person having legal custody of said minor and not meeting the exclusion of Section 940:05, being found upon any street, alley or public place or any other place as hereinafter set forth, during hours established in Section 940:00, shall be prima facie evidence that said minor is there unlawfully and that no reasonable necessity or lawful excuse exists therefor.

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