HomeMy WebLinkAboutORD 2152P
BILL NO. 24
ORDINANCE NO. 2152
AN ORDINANCE OF THE CITY OF CALDWELL, A MUNICIPAL
CORPORATION OF IDAHO, BY REPEALING CHAPTER 8, ARTICLE 5,
SECTIONS 1 THROUGH 8 PERTAINING TO MINOR'S CURFEW AND
ADDING A NEW CHAPTER 8, ARTICLE 5, SECTIONS 1 THROUGH 11
PERTAINING TO MINOR'S CURFEW: REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT
HEREWITH.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CALDWELL, IDAHO:
Section 1. That Chapter 8, Article 5, Sections 1 through 8 of
the Municipal Code of the City of Caldwell, County of Canyon, State
of Idaho, pertaining to Minor's Curfew shall be repealed.
Section 2. That a new Chapter 8, Article 5, Sections 1
through 11 be added to the Municipal Code of the City of Caldwell,
County of Canyon, State of Idaho pertaining to Minor's Curfew as
follows:
08- 05 -01: PURPOSE: The purposes of this Ordinance are
as follows:
1) To provide for and further the health, safety
and welfare of the public;
2) To protect juveniles health and welfare which
include their care, guidance and control;
3) That parents, guardians and /or other persons
having legal custody are responsible for
providing for the physical custody, welfare
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;
4) To reduce instances of juvenile nocturnal
crime;
5) A child who is unaccompanied by an adult
having custodial rights or an adult person
designated by a person having custodial rights
and who remains upon public streets, highways,
roads, alleys, parks, playgrounds or other
public grounds, places, building, places of
amusement, eating places, vacant lots or other
locations, unsupervised by such adult, having
unlawful authority to be at such place during
certain evening and early morning hours 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.
08- 05 -03: AUTHORITY
This Ordinance is enacted pursuant to authority conferred
by Article 12, Section 2, Idaho Constitution and Sections
50 -301, 50 -302 and 50 -701 Idaho Code.
08- 05 -05: JUVENILE VIOLATION OF CURFEW DECLARED UNLAWFUL
(a) It is unlawful for any juvenile who is under
sixteen (16) years of age to remain upon any
street, highway, road, alley, park, playground
or other 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 ten o'clock (10:00) P.M.
and six o'clock (6:00) A.M. of the following
day, provided that the provisions of this
Section shall not apply in the instances noted
in paragraph (d) of this section;
(b) It is unlawful for any juvenile, being an
individual who is between sixteen (16) and
eighteen (18) years of age, to remain upon any
street, highway, road, alley, park, playground
or other 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
during the weekdays, specifically Sunday
through Thursday, between the hours of eleven
o'clock (11:00) P.M. and six o'clock (6:00)
A.M. of the following day, provided that the
provisions of this Section shall not apply in
the instances noted in paragraph (d) of this
section;
(c) It is unlawful for any juvenile, being an
individual who is between sixteen (16) and
eighteen (18) years of age, to remain upon any
street, highway, road, alley, park, playground
or other 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
during the weekends, specifically Friday and
Saturday, between the hours of twelve o'clock
(12:00) P.M. and six o'clock (5:00) A.M. of
the following day, provided that the
provisions of this Section shall not apply in
the instances noted in paragraph (d) of this
section;
(d) EXCEPTIONS: Paragraphs (a) - (c) above shall
not apply in the following instances:
(1) 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 juvenile;
(2) When the child is returning directly
home from a school activity, school
entertainment, school or
recreational activity or school
dance;
(3) 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;
(4) When the child is attending or
traveling directly to or from an
activity involving the lawful
exercise of first amendment rights
of free speech, freedom of assembly
or free exercise of religion;
(5) When the child is in a motor vehicle
with parental consent for normal
travel through the City.
08- 05 -07: PERMITTING JUVENILES TO VIOLATE CURFEW
(A) 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 knowingly
permit or allow said child to be upon any
public streets, highways, roads, alleys,
parks, playgrounds or other public grounds,
places, building, places of amusement, eating
places, vacant lots or other locations in
violation of the provisions of Section 5 (a) --
(c) herein without having designated an adult
person or said parent, guardian or other legal
custodian to be with and supervise said
juvenile, except in the circumstances set
forth in the above Section 5, subsection (d).
08- 05 -09: VIOLATIONS
(A) A violation of any of the provisions of this
Ordinance is a misdemeanor and punishable as a
misdemeanor pursuant to Idaho Code 18 -113, as
amended, with the following qualifications:
(1) Upon the second conviction of a
parent, guardian or legal custodian
for a violation of Section 5 of this
Ordinance, the parent, guardian or
legal custodian shall be fined no
less than one hundred dollars
($100.00) in conjunction with any
period of incarceration, term of
probation, or other sanction or
requirement as ordered by the court.
(2) Upon conviction of a third violation
of Section 5 of this Ordinance by a
parent, guardian or legal custodian,
the convicted person shall pay a
fine of no less than two hundred
dollars ($200.00) in conjunction
with any period of incarceration,
term of probation, or other sanction
or requirement as ordered by the
court.
(3) Each conviction thereafter shall be
considered a separate offense
punishable by no less than a two
hundred fifty dollar ($250.00) fine
and no less than one (1) day in the
Canyon County Jail in conjunction
with any term of probation, or other
sanction or requirement ordered by
the court.
(4) Upon conviction, juveniles shall be
punished in accordance with the
terms of the Juvenile Correction
Act, Title 20, Chapter 5 of the
s
0 0
Idaho Code, as amended, and the
other applicable rules and
regulations pertaining to juvenile
offenders in the State of Idaho.
08- 05 -11: SEVERABILITY.
Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be unconstitutional,
unlawful or invalid, such decision should not affect the
validity of this Ordinance in whole or in part thereof
other than the part so declared to be unconstitutional,
unlawful or invalid.
Section 3. All ordinances or parts of ordinances inconsistent
herewith are hereby repealed.
Section 4. This Ordinance shall be in full force and effect
from and after its passage, approval and publication according to
law.
PASSED BY THE CITY COUNCIL of the City of Caldwell this Ird
day of June , 1996.
APPROVED BY THE MAYOR of the City of Caldwell this 3rd day
of June , 1996.
F In L . ��
ATTEST:
City Clerk