HomeMy WebLinkAboutOrdinance No. 30-1974MICROFILMED 3.14-L' O
ORDINANCE NO. 30 -74
AN ORDINANCE RELATING TO JUVENILES AND THEIR
PARENTS; ESTABLISHING A CURFEW DURING CERTAIN
HOURS FOR JUVENILES 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:
SECTION 1. 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.
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 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
it i cR o nurau 344-80
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.
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, 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.
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, 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,
MICROFILMED 3 -14 °8O
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.
** ARREST OR DETENTION PROCEDURE
SECTION 5. Arrc -i eee : 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 off- 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
Di vision of Youth Services for the State of Florida.
SECTION 6. 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.
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
1
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MICROFILMED 344-80
SECTION 8. 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.
SECTION 9. This Ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this day of November
, 1974.
FIRST READING:
POSTED:
ADVERTISED:
SECOND READING:
10/1/74
10/2/74
10/7/74
11/5/74