CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 3. CURFEW

(a)   The City Council of the City of Bucklin Council has determined that there has been an increase in juvenile vandalism and crimes by persons under the age of 16 years in the City of Bucklin.

(b)   The Council has determined that persons under the age of 16 years are particularly susceptible because of their lack of maturity and experience to participate in unlawful activities and to be the victims of older perpetrators of crime.

(c)   The Council has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children for the protection of the general public and for the reduction of the incidence of juvenile criminal activities.

(d)   The Council has determined that a curfew for those under the age of 16 years will be in the interest of the public health, safety and general welfare and will help to attain these objectives and to diminish the undesirable impact of this conduct on the citizens of the City of Bucklin.

(e)   The Council determines that passage of a curfew law will protect the welfare of minors by:

(1)   Reducing the likelihood that minors will be the victims of criminal acts during the curfew hours.

(2)   Reducing the likelihood that minors will become involved in criminal acts during the curfew hours; and

(3)   Aiding parents or guardians in carrying out their responsibility to exercise reasonable supervision of minors entrusted to their care.

(Ord. 715; Code 2017)

For the purpose of this article, the term:

(a)   "Curfew hours" means as follows:

(1)   For minors under the age of 16, on any day between the hours of 11:00 p.m. and 6:00 a.m. the following day, EXCEPT the hours shall be from 12:00 a.m. Saturday to 6:00 a.m. Saturday and from 12:00 a.m. Sunday to 6:00 a.m. Sunday.

(b)   "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term "emergency" includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation that requires immediate action to prevent serious bodily injury or loss of life.

(c)   "Establishment" means any privately-owned place of business operated for profit to which the public is invited, including but not limited to, any place of amusement or entertainment.

(d)   "Guardian" means a person who, under Court order, is the guardian of the person of a minor or a public or private agency with whom a minor has been placed by the Court.

(e)   "Minor" means any person under the age of 16 years, but does not include a judicially emancipated minor or a married minor.

(f)   "Operator" means any individual, firm, association, partnership or corporation that operates, manages or conducts any establishment. The term "operator" includes the members or partners of an association or partnership and the officers of a corporation.

(g)   "Parent" means a natural parent, adoptive parent or step-parent or any person who has legal custody by Court order or marriage, or any person not less than 21 years of age who is authorized by the natural parent, adoptive parent, step-parent or custodial parent of a child to be a caretaker for the child.

(h)   "Public place" means 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.

(i)    "Remain" means to linger or stay or fail to leave the premises when requested to do so by a law enforcement officer, owner, operator or other person in control of the premises.

(j)    "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(Ord. 715; Code 2017)

(a)   A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the City of Bucklin during curfew hours.

(b)   A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within the City of Bucklin during curfew hours.

(l)    It is a defense to prosecution under this article that the minor was:

(A)  Accompanied by the minor's parent or guardian;

(B)  On an errand at the direction of the minor's parent or guardian without any detour or stop;

(C)  In a motor vehicle, train, or bus involved in interstate travel;

(D)  Engaged in an employment activity or going to, or returning home from an employment activity without any detour or stop;

(E)   Involved in an emergency;

(F)   On the property of the minor's residence;

(G)  In attendance at an official school, religious or other recreational activity sponsored by the City of Bucklin, a civic organization, or another similar entity that takes responsibility for a minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the City of Bucklin, a civic organization or another similar entity that takes responsibility for a minor; or

(H)  Exercising First Amendment rights protected by the United States Constitution, including free exercise of religion, freedom of speech and the right of assembly.

(2)   Before taking any enforcement action under this section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred, and that, based on any response and other circumstances, no defense in subsection (b) of this section is proffered or is present.

(3)   If a law enforcement officer determines that a minor is committing a curfew offense, the law enforcement officer shall take the minor to the minor's residence and release the minor into the custody of the minor's parents or guardian. If no parent or guardian is located after a diligent effort, the minor may be placed with the Department of Social and Rehabilitation Services.

(4)   Any adult who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.00 or community service or both.

(5)   Parents of the minor may, upon each conviction for violating this act, be required to complete parenting classes at the Dodge City Area Mental Health Center, Department of Social and Rehabilitation Services or as otherwise ordered by the Court.

(6)   A minor adjudicated in violation of this article by the Municipal-Court of Bucklin may be ordered to perform community service of up to 25 hours for each violation or a fine not to exceed $250.00 or both.

(Ord. 715; Code 2017)