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HomeMy WebLinkAboutOrd1999-009 . I . Sponsored by: Janke Introduction Date: June 28. 1999 Public Hearing Date: Julv 12.1999 Enactment date: July 12. 1999 CITY OF SEWARD, ALASKA ORDINANCE NO. 99-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE SECTION 10.05.010, RELATING TO A GENERAL CURFEW FOR MINORS WHEREAS, the Ninth Circuit Court of Appeals has addressed curfew ordinances enacted in other cities and provided guidance to cities for enacting valid curfew ordinances that protect constitutional rights; and WHEREAS, the City of Seward desires to clarify the permissible exceptions to its curfew ordinance and to eliminate language that may be interpreted as vague; and WHEREAS, the City of Seward acknowledges the constitutional rights of free movement and interstate travel and parents' rights to rear children; and WHEREAS, the City of Seward has a compelling interest in reducing juvenile crime and juvenile victimization: WHEREAS, the City of Seward desires to enact a curfew ordinance that is narrowly tailored to promote its purposes with a minimum burden on constitutional rights; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEW ARD,ALASKA HEREBY ORDAINS that: Section 1. Seward City Code SI0.05.010 is deleted in its entirety and replaced with the following: 10.05.010 Curfew; Responsibility of Parents, etc. A. The purpose ofthis section is to: 1. promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the City; 2. promote the safety and well-being of the City's youngest citizens, persons under the age of eighteen (18), whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly CITY OF SEWARD, ALASKA ORDINANCE NO. 99-09 unlawful drug activities, and to being victimized by older perpetrators of crime; and 3. foster and strengthen parental responsibility for children. B. Definitions. As used within this 10.05.010, the following words and phrases shall have the meanings ascribed to them below: Curfew hours means the hours of 12:01 a.m. through 5:00 a.m. on any day of the week. Emergencv means unforeseen circumstances, or the status or condition resulting therefrom, requiring immediate action to safeguard life, limb or property. The term includes, but is not limited to, fires, natural disasters, automobile accidents, or other similar circumstances. Establishment means any privately-owned place of business within the City operated for a profit, to which the public is invited, including, but not limited to any place of amusement or entertainment. With respect to such establishment, the term "operator" shall mean any person, and any firm, association, partnership (and the members or partners thereof) and/or any corporation (and the officers thereof) conducting or managing that establishment. Minor means any person under eighteen (18) years of age who has not had the disabilities of minority removed by court order pursuant to AS 09.55.590. Officer means a police or other law enforcement officer charged with the duty of enforcing the laws of Alaska and/or the ordinances of the City of Seward. Parent means 1. a person who is a minor's biological or adoptive parent and who has legal custody of a minor (including either parent, if custody is shared under a court order or agreement); 2. a person who is the biological or adoptive parent with whom a minor regularly resides; 3. a person judicially appointed as a legal guardian of the minor; and/or; 4. a person eighteen (18) years of age or older standing in loco parentis (as indicated by the authorization ofan individual listed in part (1), (2), or (3) of this definition, above, for the person to assume the care or physical custody ofthe child, or as indicated by any other circumstances). . I I CITY OF SEWARD, ALASKA ORDINANCE NO. 99-09 Person means an individual, and does not mean an association, corporation, or any other legal entity. Public Place means any place to which the public or a substantial group of public has access, including, but not limited to: streets, highways, roads, sidewalks, alleys, avenues, parks, and/or the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, and shops. Remain means the following actions: 1. to linger or stay at or upon a place; and/or 2. to fail to leave a place when requested to do so by an officer or by the owner, operator or other person in control of that place. Temporarv Care Facility refers to a non-locked, non-restrictive shelter at which minors may wait, under visual supervision, to be retrieved by a parent. No minors waiting in such facility shall be handcuffed and/or secured (by handcuffs or otherwise) to any stationary object. C. It shall be unlawful for a minor, during curfew hours, to remain in or upon any public place within the City, to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the City, unless: 1. the minor is accompanied by a parent; or 2. the minor is involved in an emergency; or 3. the minor is engaged in a parentally approved employment or sport fishing activity, or is going to or returning home from such activity, without detour or stop; or 4. the minor is on the sidewalk directly abutting a place where he or she resides with a parent; or 5. the minor is attending an activity sponsored by a school, religious, or civic organization, by a public organization or agency, or by another similar organization or entity, which activity is supervised by adult, and/or the minor is going to or returning from such an activity without detour or stop; or 6. the minor is on an errand at the direction of a parent; or 7. the minor is involved in interstate travel through or beginning or terminating in the City of Seward; or CITY OF SEWARD, ALASKA ORDINANCE NO. 99-09 8. the minor is exercising First Amendments rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly. D. It shall be unlawful for a minor's parent to knowingly permit, allow or encourage such minor to violate subsection C of this section. E. It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of subsection C of this section. F. It shall be unlawful for the operator of any establishment, or for any person who is an employee thereof, to knowingly permit, allow or encourage a minor to remain upon the premises ofthe establishment during curfew hours. It shall be a defense to prosecution under this subsection that the operator or employee of an establishment promptly notified the police department that a minor was present at the establishment after curfew hours and refused to leave. G. It shall be unlawful for any person (including any minor) to give a false name, address, or telephone number to any officer investigating a possible violation of this section 10.05.010. H. Enforcement. 1. Minors. Before taking any enforcement action hereunder, an officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of a minor in a public place, motor vehicle and/or Establish- ment within the City during Curfew hours is in violation of subsection C of this section 10.05.010. a. If such investigation reveals that the presence of such minor is in violation of subsection C of this section 10.05.010, then: 1. if the minor has not previously been issued a warning for any such violation, then the officer shall issue a verbal warning to the minor, which shall be followed by a written warning mailed by the police department to the minor and his or her parent(s), or 11. if the minor has previously been issued a warning for any such violation, then the officer shall charge the minor with a violation ofthis ordinance and shall issue a summons requir- ing the minor to appear in court; and b. As soon as practicable, the officer shall: . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 99-09 1. release the minor to his or her parent(s); or 11. place the minor in a temporary care facility for a period not to exceed the remainder of the curfew hours, so that his or her parent(s) may retrieve the minor; or 111. if a minor refuses to give an officer his or her name and ad- dress, refuses to give the name and address of his or her parent(s), or ifno parent can be located prior to the end of the applicable curfew hours, or if located, no parent appears to accept custody of the minor, the minor may be taken to a crisis center or juvenile shelter or to a judge or intake officer of the court or referred to the Division of Family and Youth Services to be dealt with in the manner and pursuant to such procedures as required by law. 2. Others. If an investigation by an officer reveals that a person has violated subsections D, E or F, and if the person has not previously been issued a warning with respect to any such violation, an officer shall issue a verbal warning to the person, which shall be followed by a written warning mailed by the police department to the person; however, if any such warning has previously been issued to that person then the officer shall charge the person with a violation and shall issue a summons directing the person to appear in court. Section 2. Within one year after the effective date of this ordinance, the City Manager shall review this ordinance and report and make recommendations to the City Council concerning the effectiveness of and the continuing need for the ordinance. The City Manager's report shall specifically include the following information: (a) the practicality of enforcing the ordinance and any problems with enforcement identified by the police department; (b) the impact' and cost of the ordinance; (c) other data and information which the police department believes to be relevant in assessing the effectiveness of the curfew ordinance; and (d) information from citizens regarding whether the ordinance has been administered and enforced fairly, including information regarding the age, gender and race of those charged or detained under the ordinance. Section 3. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 12 day ofJuly, 1999. CITY OF SEWARD, ALASKA ORDINANCE NO. 99-09 THE CITY OF SEWARD, ALASKA ~~a~ AYES: NOES: ABSENT: ABSTAIN: Blatchford, Gage, King, Orr, Satin, Shafer Callahan None None ATTEST: (C'~'''''''' 1 S~~!" ..... _I l;"y"~'''' ~ .lilt", ......... ..-, "~ ~, .' POR~'~, ., :- Q ...'O~ . ~.." ~ ~ .: I'~() ~:". ~ :: l~ ...... "'0 e\ -: -. EAL · :.: s~ I.: - . . . - . . II' ~ \. ..... I = ., etA ",,'" 1:. 1~"'.~N!t \1fJj":....."l' $ ~~ q.)-::.~..!l.... ~~.... 'i,j:, . 4: 0'= :\\.~ ~~... J-1l ~ ~ \t.., "'"''"',\