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City Code
Section 1061 - Juvenile Curfew
1061.01 Findings
and Purpose. The City Council finds that in recent years, there has
been a significant increase in juvenile victimization and crime. At the
same time, the crimes committed by and against juveniles have become more
violent. A significant percentage of juvenile crime occurs during curfew
hours. Because of their lack of maturity and experience, juveniles are
particularly susceptible to becoming victims of older perpetrators. The
younger a person is, the more likely he or she is to be a victim of crime.
While parents have the primary responsibility to provide for the safety
and welfare of juveniles, the City also has a substantial interest in the
safety and welfare of juveniles. Moreover, the City has an interest in
preventing juvenile crime, promoting parental supervision, and providing
for the well being of the general public. A city-wide curfew will reduce
juvenile victimization and crime and will advance public safety, health,
and general welfare.
1061.02 Definitions. Unless otherwise stated, or unless the context clearly
indicates a different meaning, the words or phrases in the following list
of definitions shall, for the purposes of this Section, have the meanings
indicated:
Juvenile. A person under the age of
eighteen (18). The term does not include persons under 18 who are
married or have been legally emancipated.
Parent. Birth parents, adoptive parents,
and stepparents.
Guardian. An adult appointed pursuant to
Minn. Stat. §525.6155 or §525.6165 who has the powers and
responsibilities of a parent as defined by Minn. Stat. §525.619.
Responsible adult. A person eighteen (18)
years or older specifically authorized by law or by a parent or guardian
to have custody and control of a juvenile.
Public Place. Any place to which the public
or a substantial group of the public has access and includes, but is not
limited to, streets, highways, and the common areas of schools,
hospitals, apartment houses, office buildings, transport facilities, and
shops.
Emergency. A circumstance or combination of
circumstances requiring immediate action to prevent property damage,
serious bodily injury or loss of life.
Serious bodily injury. Bodily injury that
creates a substantial risk of death or that causes death, serious
permanent disfigurement, or protracted loss of impairment of the
function of any body part or organ.
Establishment. Any privately-owned place of
business to which the public is invited, including but not limited to
any place of amusement, entertainment, or refreshment.
Proprietor. Any individual, firm,
association, partnership, or corporation operating, managing, or
conducting any establishment. The term includes the members or partners
of an association or partnership and the officers of a corporation.
1061.03 Prohibited Acts
A. It is unlawful for a juvenile under the age of
12 to be present in any public place or establishment within the City:
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 10:00 p.m. on any Friday or
Saturday and 5:00 a.m. on the following day.
B. It is unlawful for a juvenile, age 12 to 14, to
be present in any public place or establishment within the City:
1. Any time between 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.
C. It is unlawful for a juvenile, age 15 to 17, to
be present in any public place or establishment within the City:
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.
D. It is unlawful for a parent or guardian of a
juvenile knowingly, or through negligent supervision, to permit the
juvenile to be in any public place or establishment within the City
during the hours prohibited in paragraphs A, B and C of this subsection.
E. It is unlawful for a proprietor of an
establishment within the City to knowingly permit a juvenile to remain
in the establishment or on the establishment's property during the hours
prohibited in paragraphs A, B and C of this subsection. If the
proprietor is not present at the time of the curfew violation, the
responding officer shall leave written notice of the violation with an
employee of the establishment. A copy of the written notice shall be
served upon the establishment's proprietor personally or by certified
mail.
1061.04 Defenses
A. It is an affirmative defense for a juvenile to
prove that:
1. The juvenile was accompanied by his or her
parent, guardian, or other responsible adult.
2. The juvenile was engaged in a lawful
employment activity or was going to or returning home from his or her
place of employment.
3. The juvenile was involved in an emergency
situation.
4. The juvenile was going to, attending, or
returning home from an official school, religious, or other
recreational activity sponsored and/or supervised by a public entity
or a civic organization.
5. The juvenile was on an errand at the
direction of a parent or guardian.
6. The juvenile was exercising First Amendment
rights protected by the United States Constitution or Article I of the
Constitution of the State of Minnesota.
7. The juvenile was engaged in interstate
travel.
8. The juvenile was on the public right-of-way
boulevard or sidewalk abutting the property containing the juvenile's
residence or abutting the neighboring property, structure, or
residence.
B. It is an affirmative defense for a proprietor
of an establishment to prove that:
1. The proprietor or employee reasonably and in
good 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,
2. The proprietor or employee promptly notified
the responsible police agency that a juvenile was present on the
premises of the establishment during curfew hours.
1061.05 Penalty
A. Violation of paragraphs A, B or C of Subsection
861.03 will be prosecuted pursuant to Minn. Stat. §260B.235 and will be
subject to the penalties therein.
B. Violation of paragraphs D or E Subsection
861.03 is a misdemeanor and will be subject to the penalty set forth in
Minn. Stat. §609.03.”
History:
Ord 1051
codified 1970; Ord 2002-7 replaced 1060 with 1061
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