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HomeMy WebLinkAboutCode Master Project 1978: Chapter 609: Curfew for Minors § 609.01 CURFEW FOR MINORS § 609.02 CHAPTER 609 CURFEW FOR MINORS Sec. 609.01 Loitering of Minor Prohibited : It shall be unlawful for any minor under the age of 18 years to loiter, idle, wander, stroll or play in or upon the public beaches, public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings , places of amusement and entertainment , vacant lots or other unsupervised places between the hours of 10:00 p.m. and 6:00 a.m. of the following day official City time, except on Fridays and Saturdays, when the hours shall be 12 :00 midnight to 6 : 00 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. (Ord. No. 8-66, § 1, 3 Mar. 1966, rep. by Ord. No. 30-74 , 4 1, 5, Nov. 1974) . Sec. 609.02 .Responsibility of Parents : It shall be unlawful for the parent, guardian or othertadult person having the care an custody of a minor under the age of 18 years to knowingly permit such minor to loiter, idle, wander, stroll, or play in or upon the public beaches, § 609.02 CURFEW FOR MINORS § 609.03 public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lot or other unsupervised places, between the hours of 10:00 p.m. and 6:00 a.m. of the following day official City time, except on Fridays and Saturdays when the hours shall be 12:00 midnight to 6:00 a.m.; provided, however, that the provisions of this Section do not apply when the minor is accompanied by his or her parent, guar- dian 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 per- son having the care and custody of the minor. Each violation of this Section shall constitute a separate offense. (0rd. No. 8-66, § 2, 15, Mar. 1966, rep. by 0rd. No. 30-74, § 2, 5 Nov. 1974). Sec. 609.03 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, high- ways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amuse- ment and entertainment, vacant lots or other unsupervised places between the hours of 9:00 p.m. and 6:00 a.m. of the following day official City time, except on Fridays and Saturdays when the hours shall be 10:00 p.m. to 6:00 a.m. provided however, that the provisions of this Section do not apply to a minor accom- panied by his or her parent, guardian or § 609.03 CURFEW FOR MINORS § 609.04 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. (Ord. No. 8-66, § 3, 15 Mar. 1966, rep. by. Ord. No. 30-74, § 3, 5 Nov. 1974). Sec. 609.04 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, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 9:00 p.m. and 6:00 a.m. of the following day official City time, except on Fridays and Saturdays when the hours shall be 10:00 p.m. to 6:00 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. (Ord. No. 8-66, §4, 15 Mar. 1966, rep. by Ord. No. 30-74, § 4, 5 Nov. 1974). § 609.05 CURFEW FOR MINORS § 609. 06 Sec . 609. 05 Arrest or Dentention Procedure: Any minor taken into custody for violation of Section 1 or 3 of this Ordinance shall be immediately transported either to his or her home and delivered to the parent, guardian or other adult person having the care and custody of such minor, or to the Cape Canaveral police facility to be detained until the parent , guardian or other adult person having the care and custody of such minor may be notified and advised to take cus- tody of said minor. In the event there is no such parent, guardian or other adult person having the care and custody of said minor present in the home of the minor when the officer attempts to deliver the minor , or upon an attempt to contact said parent , guardian or other adult person having the care and custody of the minor , then said minor shall be referred immediately to the Division of Youth Services for the State of Florida. (Ord. No. 8-66, § 5, 15 Mar. 1966 rep. by Ord. No. 30-74, § 5, 5 Nov. 1974) . Sec. 609 .06 Penalty: Any minor under the age of 18 years violating the provisions of Section 1 or 3 of this Ordinance shall be referred to the Division of Youth Services for the State of Florida. 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 more than $100.00 for each offense. (Ord. No. 8-66, § 6, 15 Mar. 1966, rep. by Ord. No. 30-74 , § 6, 5 Nov. 1974). § 609.07 CURFEW FOR MINORS § 609.07 Sec. 609.07 Invalidity or Unconstitu- tionality by any Court of Competent Jurisdiction: If any section, sub-section, 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. (Ord. No. 30-74, § 8, 5 Nov. 1974). Ch 609 C This repeals 8-66 15 Mar. 1966 ORDINANCE NO. 30-74 AN ORDINANCE RELATING TO JUVENILES AND THEIR PARENTS; ESTABLISHING A CURFEW DURING CERTAIN HOURS FOR JUVENILS UNDER THE AGE OF 18 YEARS; HOLDING PARENTS RESPONSIBLE FOR VIOLATION OF CURFEW; PROVIDING PENALTY FOR VIOLATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: 609.01. Loitering of Minor Prohibited: It shall be unlawful for any minor under the age of 18 years to loiter, idle, wander, stroll or play in or upon the public beaches, public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 10:00 p. m. and 6:00 a. m. of the following day official City time, except on Fridays and Saturdays, when the hours shall be 12:00 midnight to 6:00 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. [Ord. No. 8-66 rep. by 30-74 §1 5 Nov 1974] 3/15/66 609.02. 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 18 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, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 10:00 p. m. and 6:00 a.m. of the following day official City time, except on Fridays and Saturdays when the hours shall be 12:00 midnight to 6:00 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. Ord. 8-66 Re2 3/15/66 Ord. 30-74 Re2 5. Nov 74 609.03. 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, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 9:00 p.m. and 6:00 a.m. of the following day official City time, except on Fridays and Saturdays when the hours shall be 10:00 p.m. to 6:00 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. Ord. 8-66 [illegible] 3 Ry 3/15/66, 30-74 §3, 5 Nov 74 609.04. 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, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 9:00 p.m. and 6:00 a. m. of the following day official City time, except on Fridays and Saturdays when the hours shall be 10:00 p.m. to 6:00 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 con- stitute a separate offense. Ord. No. 8-66 §4 15. Mar 66 rep 30-74 §4 5. Nov. 74 609.05 ARREST OR DETENTION PROCEDURE Any minor taken into custody for violation of Section 1 or 3 of this Ordinance shall be immediately trans- ported either to his or her home and delivered to the parent, guardian or other adult person having the care and custody f such minor, or to the Cape Canaveral police facility to be detained until the parent, guardian or other adult person having the care and custody of such minor may be notified and advised to take custody of said minor. In the event there is no such parent, guardian or other adult person having the care and custody of said minor present in the home of the minor when the officer attempts to deliver the minor, or upon an attempt to contact said parent, guardian or other adult person having the care and custody of the minor, then said minor shall be referred immediately to the Division of Youth Services for the State of Florida. Ord. 8-66, §5 15, Mar 66 rep 30-74, §5, 5 Nov. 74 609.06. Penalty: Any minor under the age of 18 years violating the provisions of Section 1 or 3 of this Ordinance shall be referred to the Division of Youth Services for the State of Florida. 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 more than 100. 00 for each offense. Ord. No. 8-66 3/15/66 rep 6 rep by ord. 30-74 §1-6 6 Nov. 74 SECTION 7. Ordinance No. 8-66 is hereby repealed and all ordinances or parts of ordinances in conflict herewith are hereby repealed. **AMENDED ON SECOND READING 609.07. If any section, sub-section, 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. (Ord. No 30-74, §8, 5 Nov. 1974) SECTION 9. This Ordinance shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 5th day. of November , 1974. [signature] Mayor Attest: [signature & seal] City Clerk Approved as to Form: [signature] City Attorney NAME YES NO ABS MACLAY YES NICHOLAS YES RHAME YES SALVAGGIO YES THURM YES FIRST READING: 10/1/74 POSTED: 10/2/74 ADVERTISED: 10/7/74 SECOND READING: 11/5/74 CHAP. 609. Sec. 609.01 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. [Ord. No. 8-66, §1, 15 MAR 1966] Sec. 609.02. 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 PAGE 1 OF 4 106 72 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 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. [Ord. No. 8-66, §2, 15 MAR. 1966] Sec. 609.03 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 this section shall constitute a separate offense. [Ord. No. 8-66, §3, 15 MAR 1966] Sec. 609.04. 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. PAGE 2 OF 4 109 73 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 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 directe 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. [Ord. No. 8-66, §4, 15 MAR. 1966] Sec. 609.05. Providing Arrest Procedure. Any minor arrested for violation of Section 601.01 or 601.03 of this code 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. [Ord. No. 8-66, §5, 15 MAR 1966] Sec. 609.06 Penalty. Any minor under the age of 17 years violating the provisions of Section 601.01 or 601.03 of this Code, shall be punished as provided in §801.04 for each offense. Any parent, guardian or other adult person having the care and custody of a minor violating Section 601.02 or 601.04 of this Code, shall be punished as provided in §801.04 for each offense. [Ord. No. 8-66, §6, 15 MAR 1966] 3. PAGE 3 OF 4 108 74 [this entire page is scribbled out]