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HomeMy WebLinkAboutOrdinance No.08-1966REPEALED MICROFILMED 3-13 80 OkD. ��3n -7y ORDINANCE 140. B -66 AN ORDINANCE RELATING TO JUVENILES AND THEIR PARENTS: ESTABLISHING A CURFEW DURING CERTAIN HOURS FOR JUVENILES UNDER THE AGE OF 17 YEARS; HOLDING PARENTS RESPONSIBLE FOR VIOLATION OF CURFEW; PROVIDING PENALTY FOR VIOLA- TION: PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. Loitering of Minor Prohibited: It shall be unlawful for any minor under the age of 17 years to loiter, idle, wander, stroll or play in or upon the public beaches, public streets, highways, roads, alleys, parks, play grounds or other public grounds, public places and public building, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 10 P.M. and 6 A.M. of the following day official City time, except on Fridays and Saturdays when the hours shall be 12 midnight to 6 A.M—provided, however, that the provisions of this section do not apply to a minor accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business, directed by his or her parent, guardian or other adult person having the care and custody of the minor. Each violation of this section shall constitute a separate offense. SECTION 2. Responsibility of Parents: It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of 17 years to knowingly permit such minor to loiter, idle, wander, stroll, or play in or upon the public beaches, public streets, highways, roads, alleys, parks, play grounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 10 P.M. and 6 A.M. of the following day official City time, except on MICROFILMED 3..80 Fridays and Saturdays when the hours shall b e 12 midnight to 6 A.M. provided, however, that the provisions of this section do not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor. Each violation of this section shall constitute a separate offense. SECTION 3. Loitering of Minor Prohibited: It shall be unlawful for any minor under the age of 14 years to loiter, idle, wander, stroll or play in or upon the public beaches, public streets, highways, roads, alleys, parks, play grounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 9 P.M. and 6 A.M. of the following day official City time, except on Fridays and Saturdays when the hours shall be 10 P.M. to 6 A.M., provided, however that the provisions of this section do not apply to a minor accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business, directed by his or her parent, guardian or other adult person having the care and custody of the minor. Each violation of tt!.s section shall constitute a separate offense. SECTION 4. Responsibility of Parents: It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of 14 years to knowingly permit such minor to loiter, idle, wander, stroll or play in or upon the public beaches, public streets, highways, roads, alleys, parks, play grounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 9 P.M. 2. MICROFILMED 3.13 -80 and 6 A.M. of the following day official City time, exce,�. on Fridays and Saturdays when the hours shall be 10 P.M. to 6 A.M. provided, however, that the provisions of this section do not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor. Each violation of this section shall constitute a separate offense. SECTION 5. Providing Arrest Procedure: Any minor arrested for violation of Section 1 or 3 of this Ordinance shall be immediately transported to his or her home, and delivered to the parent, guardian or other adult person having the care and custody of such minor. In the event that there is no such parent or guardian or other adult person having the care and custody of the said minor, present in the home of the minor when the officer attempts to deliver the said minor, the said officer shall take the minor into protective custody until such parent, guardian or other adult person having the care and custody of the minor may be located. SECTION 6. Penalty: Any minor under the age of 17 years violating the provisions of Section 1 or 3 of this Ordinance, shall be fined not less than $1.00 nor more than $100.00 for each offense. Any parent, guardian or other adult person having the care and custody of a minor violating Section 2 or 4 of this Ordinance, shall be fined not less than $1.00 nor more than $100.00 for each offense. SECTION 7. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION B. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. 3. V. ICROFrE ED 3.13.80 SECTION 9. This Ordinance shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida,, on the �� day of ),,, a 1966. �l�( D�f- � � May c`\.G or Attest: City C1erK Approved as to Form: City-Attorney