HomeMy WebLinkAbout7.a. County-Wide Juvenile Curfew Ordinance , � CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: AUGUST 15, 1995
AGENDA ITEM: COUNTY-WIDE JUVENII.E CURFEW AGENDA SECTION: NEW
ORDINANCE BUSINESS
PREPARED BY: ELLIEL KNUTSEN, POLICE CHIEF AGENDA N�:t'�� ,µ `7 A
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ATTACHMENTS: DAKOTA COUNTY CURFEW ORDINANCE, APPROVED BY:
CURRENT CITY CURFEW ORDINANCE AND PROPOSED
CITY ORDINANCE
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On August l, 1995 Dakota County adopted a new juvenile curfew ordinance. This ordinance is being adopted
by all cities in Dakota County as well as the cities in Hennepin County. The purpose of the county-wide
ordinance is to provide continuity of curfew hours. Althou�h the current city ordinance is very similar to the
new county curfew ordinance, it needs to be updat�d to coincide with county-wide regulations.
The county-wide ordinance is the result of approximately two years' discussion by the Police Chiefs Association,
the County Attorneys Association and sheriffs from various counties to have a unified juvenile curfew ordinance.
The adoption of the new ordinance would repeal the city's existing curfew ordinance and adopt Dakota County
Ordinance No. 122 by reference.
City Council consideration and review of the county-wide ordinance will be considered the first reading of this
new ordinance. After input and direction by the city council, I will present the proposed ordinance for its second
rea.ding at the September 5, 1995 regular City Council meeting.
RECOMMENDED ACTION: None
COUNCIL ACTION:
ti
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE RELATING TO CURFEW; REPEALING CITY C4DE
SECTIONS 7-2-1 THROUGH 7-2-3 AND ADOPTING DAKOTA COUNTY
ORDINANCE NO. 122 BY REFERENCE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT,MINNESOTA ORDAINS that
the Rosemount City Code of Ordinances is amended by repealing Sections 7-2-1 through 7-2-3
and adding new section 7-2-1 as follows:
CHAPTER II
MINORS' CURFEW
SECTION:
7-2-1: Curfew Imposed.
7-2-1: Curfew Imposed. Dakota County Ordinance No. 122,Juvenile Curfew Ordinance
is adopted by reference.
This Ordinance is effective the day following its adoptian and publication.
Adopted by the City Council of the City of Rosemount the _day of , 1995.
Mayar
ATTEST:
City Clerk
CLL92788
RS215-6
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� OFFICE OF DAKOTA COUNTY ATTORNEY
� JAMES C. BACKSTRONI �
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COL.iNTY ATTORNEY � :--
Dakota Cc�urny Juciicial Center Telephone
�Sc3c)�vest Hi�h�va�•�5 t6i2►438-�-F38
Hastinbs. �tin��eso�a�3033-33J3 Charles�.Diemer.Chief Depury
M E M O R A N D II M
DATE: July 11, 1995
TO: Dakota County Police Chiefs
Dakota County Sheriff
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FROM: James C. Backstrom, County Attorney �-��
Re: County-Wide Juvenile Curfew Ordinance
Our File No: C-94-88
I am pleased to inform yon that the Dakota Countg Board of
Commissioners has passed the attached, revised, county-wide juvenile
curfew ordinance, effective August 1, 1995. This new ordinance
establishes restricted hours for seventeen year olds, as well as
separate, earlier times for juveniles under the age of twelve. The
new times and age restrictions will be as fallows:
Juveniles under age 12: (1) any ti.me between 9:00 p.m. on any
Sunday, Monday, Tuesday, Wednesday, or
Thursday, and 5:00 a.m. of the following
day.
(2) any time between 10: 00 p.m. on any
Friday or Saturday, and 5:00 a.m.of the
following day.
Juveniles age 12 to 14: (1) ang time be�ween 10:00 p.m. on any �
Sunday, Monday, Tuesday, Wednesday, or
� Thursday, and 5:00 a.m. of the following
day.
(2) any time between 11:00 p.m. on any
Friday or Saturday, and 5:00 a.m. on the
following day.
Juveniles age 15 to 17: (1) any time between 11:00 p.m. on any
� Sunday, Monday, Tuesday, Wednesday, or
Thursday, and 5:00 a.m. of the following
day.
� (2) any time between 12:01 a.m. and 5.00
a.m. on any Saturday or Sunday.
Criminal Division Juvenile and Family Services Division Civil Division
Philli�D. Proko{�o�vica Donald�. t3n�cr. Head Karc•ci.�.Sclu�ffr•r. I lc•acf
Direcror of Adminisrration victim/wirness Coordinaror
" �cxm�J.T.abei I��rici<i Ro�ikcn '
30;a post-consumer .�n Ec�ual Op�orttntity Emplc�yer �
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Page 2
July 11, 1995
The Dakota County Ordinance establishes the same time restrictions and
age groupings as Hennepin County, which has also revised its ordinance
to include seventeen year olds and separate times for those eleven and
under. ,
Thank you again for your support. The successful passage of this
Ordinance is the direct result of your efforts.
JCB/dc - 'i
Attachment � I
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ORDINANCE NO. 122
DAKOTA COUNTY
JiJVENILE CURFEW ORDINANCE
The County Board of Dakota County ordains;
Subd. 1. Purposes and Findings.
(a} The Board of Commissioners of Dakota County finds and
determines that there has been an increase in juvenile violence and
crime by juveniles in the County of Dakota.
(b) Juveniles are particularly susceptible by their lack of
maturity and experience to participate in unlawful activities and to
be victims of older perpetrators of crime. -
�� (c) Because of the foreqoing, special and extenuating
circumstances presently exist within this County that require
special regulation of juveniles within the County in order to
protect them and other persons during the nighttime hours, to aid in
crime prevention, to promote parental supervision and authority over
minors and to decrease juvenile crime rates; and
(d) In accordance with prevailing community standards, this
Ordinance serves to regulate the conduct of minors in public places
during nighttime hours, to be effectively and consistently enforced
for the protection of juveniles from each other and from othe=
persons, in public places during nighttime hours, for the
enforcement of parental control of, authority over, and
responsibility for their children, for the protection of the general
public from nighttime mischief by juveniles, for the reduction in
the incidents of juvenile criminal activities, for the furtherance
of family responsibility and for the public good, safety and
welfare; and
(e) It is the intent of the County Board to review and
evaivate the need and effect of nignttime cur�ew fcr juveniles set �-
forth in this Ordinance on the incidents of juvenile criminal
activity and protection of juveniles against criminal activity.
Subd. 2. Authority.
This Ordinance is enacted pursuant to the authority granted
under Minn. Stat. § 145A. 05, subd. 7a (1994) .
Subd. 3 . Definitions.
(a) "Authorized adult" shall mean any person who is at least
eighteen (18) years of age and authorized by a parent or guardian to
have custody and control of a juvenile.
(b) "County Board" shall mean the Board of Commissioners of
Dakota County.
. . .page '1 �Q3
(c) "Emergency" means an unforseen combination of
circumstances or the resulting state that calls for immediate
action. The term includes, but is not limited to, a fire, a natural
disaster, or automobile accident or any situation requiring
immediate action to prevent serious bodily injury or loss of life.
(d) "Juvenile" means a person under the age of eighteen (1.8)
years. The term does not include persons under 28 who are married
or have been legally emancipated.
(e) "Parent" shall mean any person having legal custody of a
juvenile (i) as natural, adoptive parent, or step-parent; (ii) as a
legal guardian; or (iii) as a person to whom legal custody has been
given by order of the court.
(f) "Public place" means any place to which the public or a
su}�stantial group of the public has access and includes, but is not
limited to, streets, highways, roadways, parks, public recreation,
entertainment or civic facility, schools, and the common areas of
hospitals, apartment houses, office buildings, transport facilities,
and shops. °
(g) "Serious bodily injury" means bodily injury that creates a
substantial risk of death or that causes death, serious permanent
disfigurement, or protracted loss or impairnient of the function of
any bodily member or organ.
Subd. 4. Prohibited Acts.
(a) It is unlawful for a juvenile under the age of twelve (12)
to be present in any public place within Dakota County:
(1) any time between 9: 00 p.m. on any Sunday,
Monday, Tuesday, Wednesday, or Thursday, and
5: 00 a.m. of the following day.
(2) any time between 10:�0 p.m. on any Friday
or Saturday and 5.00 a.m. the following day.
(b) It shall be unlawful for any juvenile age twelve (12) to
fourteen (14) years to be p=esent in any public place within Dakota
County:
(1) any time between 10:00 p.m. on any Sunday,
Monday, Tuesday, Wednesday, or Thursday and 5: 00
a.m. of the followinq day.
(2) any time between 11:00 p.m. on any Friday or
Saturday and 5: 00 a.m. on the following day.
(c) It shall be unlawful for any juvenile agefifteen (15) to
seventeen (17) years to be in any public place within Dakota County;
Page a 004
(1) any time between 11: 0o p.m. on any Sunday,
Monday, Tuesday, Wednesday, or Thursday and 5:00
a.m. of the following day.
(2) any time between 12:01 a.m. and 5:00 a.m. on
any Saturday or Sunday.
(d) It shall be unlawful for a parent or authorized adult of a
juvenile to knowingly, or through negligent supervision, to
habitually permit such juvenile to be in any public place within the
County during the hours prohibited by Paragraphs (a) , (b) and (c) of
this Subdivision herein, under circumstances not constituting an
exception to this Ordinance as set forth herein. The term
"knowingly" includes knowledge which a parent or authorized adult
shall reasonably be expected to have concerning the whereabouts of a
juvenile under such person's care. "
� (e) It shall be unlawful for any person operating or in charge
of any place of amusement or refreshment which is open to the public
to knowingly and habitually permit any juvenile to be in such place
during the hours prohibited by Paragraphs (a) , (b) and (c) of this
Subdivision herein, under `°circumstanc�s not constituting an
exception to this Ordinance as set forth herein. The term "person
operating" shall mean any individual, firm, association, partnership
or corporation operating, managing or canducting any such
establishment. The term includes the members or partners of an
association or partnership and the officers of a corporation.
Subd. 5. Exceptions.
(1) The following sliall constitute valid exceptions to the
operation of the curfew:
(a) at any ti.me, if a juvenile is accompanied by his or her
parent or an authorized adult;
(b) at any time, if a juvenile is involved in, or attempting
to remedy, alleviate, or respond to an emergency;
(c} if the juvenile is engaged in a lawful employtnent
activity, or is going to or returning home from his or her place of
employment;
(d) if the juvenile is attending an official school,
religious, or other social or recreational activity supervised by
adults and sponsored by a city or the county, a civic organization,
or another similar entity that takes responsibility for the
juvenile;
(e) if the juvenile is going to or returning home from,
without any detour or stop, an official school, religious, or other
recreational activity supervised by adults and sponsored by a city .
or the County, a civic organization, or another similar ent�ity that
takes responsibility for the juvenile;
Page 3 �(75
(f) if the juvenile is on an errand as directed by his or her
parent, without any detour or stop;
(g) if the juvenile is engaged in interstate travel;
(h) if the juvenile is on the public right-of-way boulevard or
sidewalk abutting the juvenile's residence or abutting the
neighboring property, structure, or residence;
(i) if the juvenile is exercising First Amendment rights
protected by the United States Constitution (or those similar riqhts
protected by Article I of the Constitution of the State of
Minnesota) , such as free exercise of religion, freedom of speech,
and the right of assembly; or
(j) if the juvenile is homeless or uses a public or semi-
public place as his or her usual place of abode.
(2) It is an affirmative defense to prosecution under Subd. 4 (e)
that:
(a) the owner, operator or employee of an establishment
promptly notified the police department that a juvenile was present
on the premises of the establishment during curfew hours and refused
to leave.
(b) the owner, operator or employee reasonably and in govd
faith relied upon a juvenile's representations of proof of age.
Proof of age may be established pursuant to Minn. Stat. § 340A. 503,
subd. 6, or other verifiable means, including, but not limited to,
school identification cards and birth certificates.
Subd. 6. Enforcement.
Before taking any enforcement action under this section, a
police officer shall ask the apparent offender's age and reason for -
being in a 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 no exception set
forth in Subdivision 5 is applicable. '
Subd. 7. Penalties.
(a) Violation of Subdivision 4 (a) , (b) and (c) will be
prosecuted pursuant to Minn. Stat. § 260.195 and will be subject to
the penalties therein.
(b) Violation of Subdivisian 4 (d) or (e) shall be a
misdemeanor.
Subd. 8. Continuing Review and Evaluation.
Page 4 Q(�6
The County Attorney shall prepare and submit a report annually
to the County Board evaluating violations of this Section and the
criminal activity by and against juveniles within the County during
the preceding year. The first report shall be submitted one year
after the effective date of Subdivision 9.
Subd. 9. Severability.
If any court of competent jurisdiction shall adjudge any
provisions of this Ordinance to be invalid, such judgment shall not
affect any other provisions of this Ordinance not specifically
included in said judgment.
Subd. 10. Effective Date.
The effective date of this Ordinance shall be Augnst 1, 1995.
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Page 5 Q�
Jo eph A. Harris, Chair
D ota County Board of Commissioners
Date � -)1 -9 S
Attest:
� �'��
Date - 9
Approve as to for�n and executionz
.���: �/ /,---��� �l���s
' As�sistant Dakota County Attorney/Date
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MD/C94-88a
Page 6 �08
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�_2_� �-2—�
� CHAPTER 2
MINORS' CURFEW
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SECTiON:
7-2-1: Curfew imposed
�. 7-2-2: Responsibility
- 7-2-3: Penalty .
7-2-1: CURFEW IMPOSED:
A. No person under the age of sixteen (16) years, except as provided in
subsection C below, shall be on any public street or alley or in any park
,,,� or other public grounds or building, place of amusement, entertainment,
or refreshment, vacant lot, or any other unsupervised place between the
�._:.: . hours of ten o'clock t10:00) P.M. Sunday through Thursday (other than
�� evenings preceding legal holidays) and five o'clock (5:00) A.M. of the
following day, and between the hours of twelve o'clock f12:00) P.M.
Friday, Saturday and the day preceding a legal holiday, and five o'cfock
(5:00? A.M. of the following day.
B. No person age sixteen (16) or seventeen (17?, except as provided in
subsection C below, shall be on any public street or alley or in anypark
or other public grounds or building, place of amusement, entertainment,
or refreshment, vacant lot, or any other unsupervised place between the
hours of eleven o'clock (11:00) P.M. Sunday through Thursday (other �
than the evening preceding a legal holiday) and five o'clock (5:00► A.M.
of the following day, and between the hours of twelve o'ctock (12:00)
� P.M. Friday, Saturday and the day preceding a legal holiday and five
_ o'clock (5:00) A.M. of the following day.
C. The restrictions of subsections A and B do not apply when the minor:
1. Is accompanied by the minor's parent, guardian or other person
� having the minor's lawful care, custody or controL
2. Is returning home by direct route from and within thirty (301 minutes
after, a school activity, an activity oT a religious or supervised voluntary
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7-2-1 7-2-3
C2) association, such as scouts, 4-H, community leagues, fraternal and
social clubs, etc., or other community events. Exarnples of such events
shall include but not be limited to the following: dances, community
celebrations and carnivals.
3. Is in a place or returning home from such place, connected with and
required by some legitimate business, trade, profession or occupation in �
which said minor is permitted by law to be engaged. �
4. Is in a motor vehicle with parental consent for normal travel (with
interstate travel to, through or from the City being excepted in all cases
from the curfew).
5. ts upon an emergency errand or other legitimate business directed by
the minor's parent, guardian or other adult having the lawful custody of
the minor.
6. Is on the sidewalk or boulevard of his or her residence.
7-2-2: RESPONSIBILITY:
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A. Parent: No parent, guardian or other adult having custody and control of
a minor under eighteen (18) years of age shall knawingly permit the
minor to violate the provisions of Section 7-2-1 of this Chapter.
B. Other Persons: Whenever the owner or person in charge or control of
any place of amusement, entertainment, refreshment, or other place of
business shall find any person under the age of eighteen (18) in such
place in violation of Section 7-2-1 herein, he shall irnmediately order
such person to leave, and if such person refuses to leave, the owner or
person in charge shall immediately inform the Police Department of the
violation.
7-2-3: PENALTY: Any person under the age of eighteen (18) on a
� street or other place in violation of Section 7-2-1 herein shaA _�
be ordered to go home immediately. After investigation, if the Police
Department determines that court action should be initiated, the minor shall be �
dealt with in accordance with juvenile court law and procedure. Any such
minor who is convicted of a violation of this Chapter after the case has been
referred for prosecution in the trial court under Minnesota Statutes, section
260.15, and any person who is convicted of a violation of any provision of
subsection 7-2—ZA is guilty of a petty misdemeanor and shall be punished by
a fine of not to exceed one hundred dollars ($100.00). (Ord., 1983)
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