(a) A municipality may, by ordinance, provide for a curfew for persons under 18 years of age for whom the disabilities of minority have not been removed for general purposes under AS 09.55.590 and who have not arrived at the age of majority under AS 25.20.020.
(b) Notwithstanding AS 29.25.070(a), for a violation of this section, the court may impose a fine of not more than $250.
(c) The community work provisions of AS 47.12.030(b) (6) apply to punishment for a minor's conviction of a violation of a curfew ordinance for which a penalty is provided under AS 29.25.070(a).
(b) When a minor is accused of violating a statute specified in this subsection, other than a statute the violation of which is a felony, this chapter and the Alaska Delinquency Rules do not apply and the minor accused of the offense shall be charged, prosecuted, and sentenced in the district court in the same manner as an adult; if a minor is charged, prosecuted, and sentenced for an offense under this subsection, the minor's parent, guardian, or legal custodian shall be present at all proceedings; the provisions of this subsection apply when a minor is accused of violating.
(6) a municipal curfew ordinance, whether adopted under AS 29.35.085 or otherwise, unless the municipality provides for enforcement of its ordinance under AS 29.25.070(b) by the municipality; in place of any fine imposed for the violation of a municipal curfew ordinance, the court shall allow a defendant the option of performing community work; the value of the community work, which may not be lower than the amount of the fine, shall be determined under AS 12.55.055(c); in this paragraph, "community work" includes the work described in AS 12.55.055(b) or work that, on the recommendation of the municipal or borough assembly, city council, or traditional village council of the defendant's place of residence, would benefit persons within the municipality or village who are elderly or disabled.
(Top)Violation by a juvenile of a curfew established by a municipal or county ordinance shall be punishable by a fine not to exceed three hundred dollars ($ 300), detention, or both. Fines shall be deposited in the county juvenile justice fund of the county where the violation occurred, or if such a fund has not been established, then in the current county expense account for juvenile corrections purposes in the county where the violation occurred. The imposition of detention shall be subject to the provisions of sections 20-520(1)(b) and 20-521, Idaho Code. Detention of a juvenile in a county jail for violation of a curfew is prohibited.
Any peace officer may issue a citation for violation of a curfew that shall thereafter proceed under the juvenile corrections act in the same manner as though the violation was charged by a petition. Citations shall be issued on the Idaho uniform citation form. The peace officer issuing a curfew citation may detain the violator and at the time the citation is issued shall make a reasonable effort to obtain the endorsement of the juvenile's parent or legal guardian on the citation. If the endorsement of a parent or legal guardian cannot be obtained with the exercise of reasonable diligence, a copy of the citation shall be hand delivered or mailed to the juvenile's parent or legal guardian by a peace officer at least seven (7) days prior to the date set for the juvenile's appearance. The citation shall provide a date certain for the appearance before a magistrate of the juvenile and parent or legal guardian.
When sentencing a juvenile for violating a curfew, the court may also enter any order authorized in section 20-520, Idaho Code. The court shall have jurisdiction over the parent or legal guardian of the violator pursuant to section 20-522, Idaho Code.
(Top)A county board may establish a curfew time for minors applicable throughout such county, except within the corporate limits of any city, village or incorporated town.
The corporate authorities of each municipality may by ordinance declare a curfew throughout all or any part of the municipality and establish the conditions and restrictions thereof.
(a) Definitions. In this Section.
(1) "Curfew hours" means:
(A) Between 12:01 a.m. and 6:00 a.m. Saturday;
(B) Between 12:01 a.m. and 6:00 a.m. on Sunday; and
(C) Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
(b) Offenses.
(1) A minor commits an offense if he or she remains in any public place or on the premises of any establishment during curfew hours.
(2) A parent or guardian of a minor or other person in custody or control of a minor commits an offense if he or she knowingly permits the minor to remain in any public place or on the premises of any establishment during curfew hours.
(c) Defenses. It is a defense to prosecution under subsection (b) that the minor was:
(A) accompanied by the minor's parent or guardian or other person in custody or control of the minor;
(B) on an errand at the direction of the minor's parent or guardian, without any detour or stop;
(C) in a motor vehicle involved in interstate travel;
(D) engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;
(E) involved in an emergency;
F) on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
(G) attending an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor, or 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 government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor;
(H) 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; or
(I) married or had been married or is an emancipated minor under the Emancipation of Minors Act [750 ILCS 30/1 et seq.].
(d) Enforcement. Before taking any enforcement action under this Section, a law enforcement officer shall ask the apparent offender's 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 (c) is present.
(e) A person convicted of a violation of any provision of this Section shall be guilty of a petty offense and shall be fined not less than $ 10 nor more than $ 500, except that neither a person who has been made a ward of the court under the Juvenile Court Act of 1987 [705 ILCS 405/1-1 et seq.], nor that person's legal guardian, shall be subject to any fine. In addition to or instead of the fine imposed by this Section, the court may order a parent, legal guardian, or other person convicted of a violation of subsection (b) of this Section to perform community service as determined by the court, except that the legal guardian of a person who has been made a ward of the court under the Juvenile Court Act of 1987 [705 ILCS 405/1-1 et seq.] may not be ordered to perform community service. The dates and times established for the performance of community service by the parent, legal guardian, or other person convicted of a violation of subsection (b) of this Section shall not conflict with the dates and times that the person is employed in his or her regular occupation.
(Top)(a) It is a curfew violation for a child fifteen (15), sixteen (16), or seventeen (17) years of age to be in a public place:
(1) between 1 a.m. and 5 a.m. on Saturday or Sunday;
(2) after 11 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or
(3) before 5 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
(b) A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:
(1) the child has violated this section; and
(2) there is no legal defense to the violation.
(a) It is a curfew violation for a child less than fifteen (15) years of age to be in a public place after 11 p.m. or before 5 a.m. on any day.
(b) A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:
(1) the child has violated this section; and
(2) there is no legal defense to the violation.
(Top)(a) Definitions. —
(2) "Curfew hours" means 12:00 a.m. until 5:00 a.m.
(b) Applicability.—The provisions of this section apply to code counties in the Eastern Shore class as established by Article 25B, § 2.
(c) Juvenile curfew ordinance—In general.—After making independent factual findings demonstrating a local need for a juvenile curfew, the county commissioners in their respective jurisdictions may adopt a juvenile curfew ordinance which may be adopted by a municipal corporation in the county.
(d) Same—Requirements.—A juvenile curfew ordinance shall state that:
(1) A minor may not remain in a public place or on the premises of an establishment within the local jurisdiction during curfew hours;
(2) A parent or guardian of a minor may not knowingly allow the minor to remain in a public place or on the premises of an establishment within the local jurisdiction during curfew hours; and
(3) The owner, operator, or employee of an establishment may not knowingly allow a minor to remain on the premises of the establishment within the local jurisdiction during curfew hours.
(e) Same—Applicability.—A juvenile curfew ordinance adopted under this section does not apply to a minor who is:
(1) Accompanied by the minor's parent or guardian;
(2) Performing an errand at the direction of the minor's parent or guardian, without a detour or stop, until 12:30 a.m.;
(3) Accompanied by a person at least 18 years of age and authorized by the minor's parent or guardian to have temporary care or custody of the minor for a designated period of time within a specified area;
(4) With consent of the minor's parent or guardian, involved in interstate travel through the local jurisdiction or beginning or ending in the local jurisdiction;
(5) Engaged in legal employment activity or is going to or returning home from a legal employment activity;
(6) Involved in an emergency;
(7) On the property where the minor resides or on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor, if the adult resident of that property has given permission for the minor's presence;
(8) Attending or returning directly home from:
(i) A school, religious, or recreational activity supervised by adults and sponsored by the local jurisdiction, a civic organization, or a voluntary association that takes responsibility for the minor; or
(ii) A place of public entertainment, including a movie, play, or sporting event;
(9) Exercising First Amendment rights under the United States Constitution, if the minor has first submitted to the chief of the local law enforcement agency a written communication that:
(i) Is signed by the minor and countersigned, if practicable, by the parent or guardian of the minor;
(ii) Includes the parent's or guardian's home address and telephone number; and
(iii) Specifies when, where, and in what manner the minor will be in a public place during curfew hours; or
(10) Remaining in a public place in a case of reasonable necessity if the minor's parent or guardian has communicated to the chief of the local law enforcement agency facts:
(i) Establishing the reasonable necessity; and
(ii) Designating:
1. The specific public place and the points of origin and destination for the minor's travel; and
2. The times the minor will be in the public place or traveling to or from the public place.
(f) Same—Violations.—
(1) If a law enforcement officer reasonably believes that a minor is in a public place or on the premises of an establishment in violation of the juvenile curfew ordinance, the officer shall:
(i) Notify the minor that the minor is in violation of the juvenile curfew ordinance;
(ii) Require the minor to tell the officer the minor's name, address, telephone number, and where to contact the minor's parent or guardian;
(iii) Issue the minor a written warning that the minor is in violation of the juvenile curfew ordinance; and
(iv) Order the minor to promptly go home.
(2) The chief of the local law enforcement agency shall send written notice of the violation of the juvenile curfew ordinance to the minor's parent or guardian.
(g) Actions by local law enforcement agency.—The local law enforcement agency may take the minor:
(1) To the minor's home, if appropriate; or
(2) Into custody and transport the minor to a local law enforcement station or designated curfew center when:
(i) The minor has received one previous written warning for a violation of the juvenile curfew ordinance;
(ii) The local law enforcement officer has reasonable grounds to believe that the minor has committed a delinquent act; or
(iii) Taking the minor into custody is authorized under § 3-8A-14 of the Courts Article.
(h) Custody.—When a minor is taken into custody for a violation of the juvenile curfew ordinance, the local law enforcement officer shall:
(1) Immediately notify the parent or guardian of the minor to come to the local law enforcement station to take custody of the minor; and
(2) Determine whether, consistent with constitutional safeguards, the minor or the parent or guardian, or both, are in violation of the juvenile curfew ordinance.
(i) Release from custody.—
(1) When a parent or guardian arrives at the local law enforcement station as a result of subsection (h) of this section, and the appropriate information is recorded, the minor shall be released to the custody of the parent or guardian.
(2) If the parent or guardian cannot be located or fails to take charge of the minor, then the minor shall be released to the local Department of Social Services, the Department of Juvenile Services, or to another adult who will, on behalf of the parent or guardian, assume the responsibility of caring for the minor pending the availability or arrival of the parent or guardian.
(j) Civil citation.—
(1) A law enforcement officer may issue a civil citation for a violation of a juvenile curfew ordinance to:
(i) A minor;
(ii) A parent or guardian of a minor; or
(iii) An owner, operator, or employee of an establishment.
(2) The civil citation shall include a fine of:
(i) Not more than $ 500 for a first offense; or
(ii) Not more than $ 1,000 for a second or subsequent offense.
(Top)Section 2. A minor under the age of 16 years shall not loiter, idle, or congregate in or on any public street, highway, alley, or park between the hours of 12 midnight and 6 a.m., immediately following, except where the minor is accompanied by a parent or guardian, or an adult delegated by the parent or guardian to accompany the minor, or where the minor is upon an errand or other legitimate business directed by his parent or guardian.
(Top)Subd. 7a. Curfew.
A county board may adopt an ordinance establishing a countywide curfew for unmarried persons under 18 years of age. If the county board of a county located in the seven-county metropolitan area adopts a curfew ordinance under this subdivision, the ordinance shall contain an earlier curfew for children under the age of 12 than for older children.
(Top)(1) (a) The governing body of a county may adopt an ordinance that establishes a curfew hour after which minors will not be allowed abroad on the public streets, roadways, or lands of the county.
(b) The ordinance must contain a description of the area covered by the curfew and provide exceptions for approved activities. The curfew may be countywide or pertain to any portion of the county, including an unincorporated city or town. The curfew may not extend to any area within the boundaries of an incorporated city or town.
(2) It is the duty of any officer or official enforcing the laws of the state to enforce the provisions of this section.
(3) A person convicted of violating a curfew ordinance adopted under subsection (1) shall be punished by a fine in an amount not exceeding $ 75 or by a sentence of up to 10 hours of community service, or both. Absolute liability, as provided for in 45-2-104, is imposed for a violation of this section.
(Top)a. As used in this act:
(1) "Juvenile" means an individual who is under the age of 18 years.
(2) "Guardian" means a person, other than a parent, to whom legal custody of the juvenile has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile.
(3) "Public place" means any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area.
b. (1) A municipality is hereby authorized and empowered to enact an ordinance making it unlawful for a juvenile of any age under 18 years within the discretion of the municipality to be on any public street or in a public place between the hours of 10:00 p.m. and 6:00 a.m. unless accompanied by the juvenile's parent or guardian or unless engaged in, or traveling to or from, a business or occupation which the laws of this State authorize a juvenile to perform. Such an ordinance may also make it unlawful for any parent or guardian to allow an unaccompanied juvenile to be on any public street or in any public place during those hours.
(2) A municipality is hereby authorized and empowered to enact an ordinance making it unlawful for a juvenile of any age under 18 years within the discretion of the municipality to be in any public place during the hours when the juvenile is required to be in attendance at either a public or non-public school unless the juvenile is accompanied by a parent or guardian or is carrying written permission from the juvenile's educational authority allowing the juvenile to be in a public place.
c. An ordinance enacted pursuant to this act shall provide that violators shall be required to perform community service and may be subject to a fine of up to $ 1,000.00. If both a juvenile and the juvenile's parent or guardian violate such an ordinance, they shall be required to perform community service together.
d. An ordinance enacted pursuant to this act shall include exceptions permitting juveniles to engage in errands involving medical emergencies, to attend extracurricular school activities, and to participate in other cultural, educational and social events, sponsored by religious or community-based organizations during curfew hours.
e. An ordinance enacted pursuant to this act shall establish clear standards in precise language adequate to apprise a juvenile and a parent or guardian of that which is unlawful and adequate to circumscribe the discretion of police officers in order to overcome subjective and discriminatory enforcement.
(Top)A. The board of county commissioners of any county of this state having a population of more than five hundred thousand (500,000) persons according to the last federal decennial census, by resolution, may determine a curfew for juveniles that will apply to all unincorporated areas of the county. The parameters of the curfew shall be determined by the board and all penalty provisions shall comply with the provisions of Title 10 of the Oklahoma Statutes and federal law concerning detention and custody of juveniles.
B. The board shall provide public notice of the curfew in a newspaper of general circulation in the county. The notice shall be published once weekly for a period of four (4) continuous weeks.
C. The county shall correspond and work in conjunction with any appropriate state agency, if assistance is required in producing signs and posting the curfew.
D. The county shall post curfew information, as determined pursuant to subsections A through C of this section, on the county line marker where any state highway enters a county and at all off-ramps where interstate highways or turnpikes enter a county, unless a state agency has such jurisdiction to properly post signs. The appropriate board of county commissioners shall reimburse any state agency that may assist for the full cost of the required signage.
E. Any person convicted of a curfew violation pursuant to this section shall be fined an amount not exceeding Twenty-five Dollars ($ 25.00). Any person convicted of a second or subsequent curfew violation shall be fined an amount not exceeding One Hundred Dollars ($ 100.00), or assigned not more than thirty (30) hours of community service, or both such fine and community service hours.