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BILL N0. 10
ORDINANCE NO. 1900
BY COUNCILMAN:
AN ORDINANCE OF THE CITY OF CALDWELL, A MUNICIPAL
CORPORATION OF IDAHO, AMENDING TITLE NINE, CHAPTER 11, OF
THE CITY CODE OF CALDWELL IDAHO BY THE REPEAL OF SECTIONS
9 -11 -1 THROUGH 9 -11 -3; AND FURTHER AMENDING SAID TITLE BY
THE ADDITION OF NEW SECTIONS 9 -11 -1 THROUGH 9 -11 -4 TO
PROVIDE FOR A STATEMENT OF PURPOSE; DECLARING IT UNLAWFUL
FOR ANY CHILD BEING AN INDIVIDUAL WHO IS UNDER THE AGE OF
EIGHTEEN (18) YEARS OF AGE TO BE UPON ANY STREET, HIGHWAY,
ROAD, ALLEY, PARR, PLAYGROUND, OR OTHER PUBLIC GROUNDS,
PUBLIC PLACES, OR BUILDINGS, OF PLACES OF AMUSEMENT, EATING
ESTABLISHMENTS, VACANT LOTS AND /OR ANY OTHER PLACE WITHOUT
BEING ACCOMPANIED BY AN ADULT HAVING CUSTODIAL RIGHTS OR AN
ADULT PERSON DESIGNATED BY THE ADULT HAVING CUSTODIAL RIGHTS
OF SAID CHILD BETWEEN THE HOURS OF 12:00 MIDNIGHT UNTIL 6:00
A.M. OF THE FOLLOWING DAY; MAKING IT UNLAWFUL FOR THE
PARENT, GUARDIAN, OR OTHER PERSON HAVING LEGAL CUSTODY OF A
CHILD OR ANY ADULT PERSON DESIGNATED BY THE PERSON HAVING
LEGAL CUSTODY OF A CHILD UNDER THE AGE OF EIGHTEEN (18)
YEARS TO PERMIT AND /OR ALLOW SAID CHILD TO BE UPON ANY
PUBLIC STREETS, HIGHWAYS, ROADS, ALLEYS, PARRS, PLAYGROUNDS,
OR OTHER PUBLIC GROUNDS, PLACES, BUILDINGS, PLACES OF
AMUSEMENT, EATING PLACES, VACANT LOTS, OR OTHER LOCATIONS
WITHOUT HAVING DESIGNATED AN ADULT PERSON OR SAID PARENT,
GUARDIAN, OR OTHER LEGAL CUSTODIAN TO BE WITH AND
SUPERVISING SAID CHILD BETWEEN THE HOURS OF 12:00 MIDNIGHT
AND 6:00 A.M. OF THE FOLLOWING DAY; AND DECLARING A
VIOLATION OF THE ORDINANCE TO BE A MISDEMEANOR AND PROVIDING
PUNISHMENT.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF CALDWELL, IDAHO:
SECTION 1 : AMENDING CHAPTER 11, TITLE NINE BY THE REPEAL
OF SECTIONS 9 -11 -1 THROUGH 9 -11 -3; AND FURTHER AMENDING SAID
TITLE BY THE ADDITION OF NEW SECTIONS 9 -11 -1 THROUGH 9 -11 -4.
That a new Section 1 to Title NINE, Chapter 11 be adopted as
follows:
9 -11 -1: PURPOSE: The policy of the State of Idaho and of
the City of Caldwell is to:
a. Protect children's health and welfare, which
includes their care, guidance, and control.
b. That parents, guardians, and /or other persons
having legal custody are responsible for
ORDINANCE - 1
providing for the physical custody and
control of a child and to determine where and
with whom the child shall live and to provide
the child with care, education, and
discipline.
C. A child who is unaccompanied by an adult
having custodial rights, or an adult person
designated by a person having custodial
rights, and who is found to be upon public
streets, highways, roads, alleys, parks,
playgrounds, or other public grounds, places,
buildings, places of amusement, eating
places, vacant lots, or other locations
unsupervised by such adult, having the lawful
authority to be at such place between the
hours of 12:00 midnight and 6:00 a.m. is at
greater risk for injury, becoming a victim of
crime, being involved in criminal activity,
being a danger to persons or property, or
otherwise being subject to danger.
9 -11 -2: CHILDREN ON THE STREET AT NIGHT: It is unlawful
for any child being an individual who is under the
age of eighteen (18) years of age to be upon any
street, highway, road, alley, park, playground or
other public grounds, public places, or buildings,
or places of amusement, eating establishments,
vacant lots and /or any other place without being
accompanied by an adult having custodial rights or
an adult person designated by the adult having
custodial rights of said child between the hours
of 12:00 midnight until 6:00 a.m. of the following
day; provided that the provisions of this Section
shall not apply in the following instances:
a. When the child is upon an emergency errand
directed by his or her parent or guardian or
other adult person having the lawful care and
custody of such minor;
b. When the child is returning directly home
from a school activity, school entertainment,
school recreational activity or school dance;
C. When the child is either going to, or going
from his place of residence to lawful
employment and /or is working at the child's
place of employment;
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0.
d. When the child is attending or travelling
directly to or from an activity involving the
exercise of first amendment rights of free
speech, freedom or assembly or free exercise
of religion;
e. When the child is in a motor vehicle with
parental consent for normal travel, with
interstate travel through the City of
Caldwell.
9 -11 -3: PERMITTING CHILDREN TO VIOLATE CURFEW: It shall
be unlawful for the parent, guardian, or other
person having legal custody of a child or any
adult person designated by the person having legal
custody of a child under the age of eighteen (18)
years to permit and /or allow said child to be upon
any public streets, highways, roads, alleys,
parks, playgrounds, or other public grounds,
places, buildings, places of amusement, eating
places, vacant lots, or other locations without
having designated an adult person or said parent,
guardian, or other legal custodian to be with and
supervising said child between the hours of 12:00
midnight and 6:00 a.m. of the following day,
except in the circumstances set forth in
Subsections (a) through (e) of said Section 9 -11 -2
Section.
9 -11 -4 VIOLATION: A violation of any of the provisions
of this Ordinance is a misdemeanor and punishable
as a misdemeanor pursuant to the laws of the State
of Idaho.
PASSED BY THE CITY COUNCIL OF THE CITY OF
CALDWELL, This 20th day of May , 1991.
20th APPROVED BY THE MAYOR OF THE CITY OF CALDWELL,
This day of ay , 1991.
ATTEST:
City Clerk L-
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