Ordinance No. 06-1

CURFEW

Table of Contents

Section 1. Curfew Hours.

No person under 18 years of age shall remain in or upon any of the streets, alleys, or public places in the City at night between the hours of 10:00 p.m. and 4:00 a.m. unless such person is accompanied by a parent, guardian, or other person having the legal custody of such minor person, or is in the performance of an errand or duty directed by such parent, guardian, or other person having the legal custody of such minor person, or whose employment makes it necessary to be upon the streets, alleys, or public places during the nighttime, after specified hours.

Section 2. Duty of Parent or Guardian.

No parent, guardian, or other person having the legal care and custody of any person under 18 years of age shall permit any such child, ward, or other person under such age, while in such legal custody, to remain in or upon any of the streets, alleys, or public places in said City within the times prohibited under the terms of this ordinance, unless there exists a reasonable necessity therefor.

Section 3. Proprietor’s Responsibility.

It shall be unlawful for any person, firm, or corporation operating or in charge of any place of amusement, entertainment, or refreshment to allow or permit any minor under the age of 18 years to enter or remain in such place during the hours prohibited by Section 1, unless such minor is accompanied by a parent, guardian, or other person having legal custody of such minor.

Section 4. Police Duties; Penalties.

Each member of the police force while on duty is hereby authorized and instructed to arrest any person violating the provisions of the terms of this ordinance. The person or persons so arrested shall, for a first violation of this ordinance, be taken or sent by the officer to their homes, and their parents or guardians notified of such violation of this ordinance. Upon a subsequent violation of the provisions of the ordinance, the person or persons so arrested shall be taken or sent home by the officer and the parents or guardians served with subpoenas to appear in court with the person or persons so arrested, and show cause why the ordinance has been a second time violated. If no sufficient excuse is therefor offered, the parents or guardians shall be fined according to the provisions of Section 7 below. Any police officer arresting such child or minor person, if the said child or minor person either has no home or guardian, or refuses to give the name and address of such or guardian to the officer, shall place such child or minor person in the care of the proper authorities. All due diligence shall be used by the officer so arresting such child or minor person to find parents or guardians responsible for such child or minor person. Pending necessary investigations, such minor persons shall not be detained in custody by the police more than 24 hours.

Section 5. Public Property — Curfew.

It shall be unlawful for any person to use or be present upon lands, fields, parks, or playgrounds owned or leased by the City of Mazeppa or any school district between the hours of 11:00 p.m. and 7:00 a.m. the following day without the express consent of said City or school district.

Section 6. Posting of Signs.

The City Council may cause to be erected at the entrance to lands, fields, parks, or playgrounds owned or leased by the City of Mazeppa or any school district sign which restrict or limit the use of those lands, fields, parks, or playgrounds. It shall be unlawful for any person to violate posted restrictions or limits.

Section 7. Violation.

Violation of this ordinance shall constitute a petty misdemeanor.