6.7. SR 06-16-1997~..~ty of
River
TO:
FROM:
DATE:
SUBJECT:
ITEM ~f6.7.
MEMORANDUM
Mayor and City Council
Sandra Thackeray, City Clerk
June 16, 1997
Ordinance Amendment Relating to
Curfew for Minors
ATTACHMENTS
1. Sherburne County Curfew Ordinance
2. City's Existing Ordinance
3. City's Amended Ordinance
ISSUE
The Police Chief has requested that the City's curfew ordinance be amended
so that it is consistent with the County curfew ordinance.
CHANGES FROM EXISTING ORDINANCE
Curfew time and the age of the minor (listed below).
Existing ordinance:
Under 15 years - Curfew of 10:30 p.m.
Under 18 years but over 14 years - Curfew of 12:00 a.m.
Amended ordinance:
Under 16 years - Curfew 10:00 p.m.
Under 18 years but over 15 years - Curfew of 12:00 a.m.
(The curfew for a 15 year old is 12:00 under the existing ordinance whereas
the curfew for a 15 year old under the amended ordinance is 10:00).
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Organized activity or employment. (Amended ordinance allows
minors to be out past curfew if the minor is involved in an organized
activity or employment).
The City Attorney and Chief of Police have both reviewed this ordinance.
The Chief of Police recommends that the Council adopt the proposed
ordinance amendment.
ACTION REQUESTED
Council motion to adopt the proposed ordinance amendment pertaining to
curfew for minors.
\\elkriver\sys\shrdoc\council\curmemo.doc
JUM-13-S7 FRI 10:27 AM SHKRBURNE COUMTY
COUNTY'S ORDINANCE
FAX HO. 6122412707
AN ORDINANCE ESTABLISHING A CURFEW FOR MINORS AND PENALTIES
THEREFORE FOR THE MINORS AND THEIR PARENT(S)
Section 1. Purpose. This ordinance is enacted to ensure the safety of our youths in public
places in the Iate evening hours and early morning hours and to further provide accountability
of the youth and their parent(s) for the youth activities in our community. '
'Comment: Minnesota Statute 145A.05, subd. 7a provides that a County Board
may adopt and ordinance establishing county wide curfew for persons under 17
years' of age. Sherburne County is experiencing rapid growth rate and its
demographic show that the average age of the populous is younger than the state
average. The County is also experiencing an increase in its juvenile crime and
cases being handled in the Court system.
Section 2. Title. This ordinance shall be known and may be cited and referred to as the
"Sherburne County Curfew Ordinance,"
Section 3, Validity. Should any section or provision ot this Ordinance be declared invalid by a
~:ourt of competent jurisdiction, such decision shNi not affect the validity of this Ordinance as &
whole or any part thereof other than the part so declared invalid.
Section 4. Jurisdiction. The jurisdiction of this Ordinance shall be county wide including
incorporated areas.
Section 5. Interpretation. In interpreting and applying the provisions of this Ordinance, they
shall be held to be the minimum requirements for the protection of the public safety and general
welfare.
Section 6. Definitions and Rules of Language
"Minor" means any individual who is under the age of 17 and has not been
declared by a court of competent jurisdiction as being emancipated.
ii.
"Parent" means any individual who is over the. age of 18 and is the birth or
adoptive parent of the minor, or who h~ the legal custody of the minor as
established by order of a court of competent jurisdiction. This definition excludes
individuals who are providing foster care as it is defined in Minnesota Statute
260.015, subd. 7.
iii.
Unless specifically defined he'rein, words or phrases used in this ordinance shall
be interpreted so as to give them the same meaning as they have in common
usage and so as to give this ordinance its most reasonable application. Words
used in the present tense shall include the future; words in the singular shall
include the plural; and the words "shall" and "must" are mandatory and not
cliscretJonary.
Sec_tion 7. Minors Curfew. It shall be unlawful for any minor who is unaccompanied by a parent
or an adult who does not have permission of the parent to be with the minor, to be present upon
gUN-lB-97 FRI 10:28 AM SHERBURNE COUNTY FAX NO, 6122412707 P, 3
any public street, avenue, alley, park, playground or place open to the public, or place of
amusement and entertainment, vacant lot, or other unsupervised place in the County during the
following hours:
if the minor is under the age of 16, between the hours o~ 10:00 p.m. of any day
and 5:00 a.m. ot the following day;
if the minor is under the age of 17, but over the age of 16, between the hours ol 12:00
a.m, of any day and 5:00 a.m. of the following day; and,
It shall be an affirmative defense to a prosecution under this ordinance if a youth is involved with
an organized school or church activit7 or who is in the employ of a business.
It shall be unlawful for any parent of a minor under the age of 17 to allow or permit such minor
to violate the provisions of this ordinance.
Section 8. Penalties
For the Minor. A person under the age of 17 may be charged with a misdemeanor
under this ordinance.
iia.
Any parent, whose minor violates this provision shall be notified of all offenses at
the address given by the minor or the last known address. Service by first class
mail to the last known address or the address given by the minor shatl be deemed
notice to such parent· The parent shall be notified that if the minor incurs three
or more curfew violations, then the parent shall be held subject to the penalties set
forth herein.
lib.
For the Parent. A.parent of a person under the age of 17 (minor) may be charged
with a misdemeanor under this ordinance.
Section 9. Date of Effect.
This Ordinance shall be in full force and effect from and after
publication, as provided by law.
Pas~,~d and approved this ~day of
Chair, Sherburne Count7 Board of
Commissioners
its passage,
· 1995.
approval
and
CITY'S EXISTING ORDINANCE
SECTION 400 - CURFEW
400.00 - MINORS UNDER FIFTEEN
It shall be unlawful for any minor unaccompanied by an adult,
under the age of fifteen (15) years to be on or present upon any
public street, avenue, alley, park, playground or place open to
the public, or place of amusement and entertainment, vacant lot,
or other unsupervised place in the City between the hours of
10:30 p.m. of any day and 5:00 a.m. of the following day.
400.02 - MINORS FIFTEEN TO EIGHTEEN
It shall be unlawful for any minor unaccompanied by an adult,
under the age of eighteen (18) years and over the age of fourteen
(14) years to loiter, idle, wander or play in or upon any public
street, avenue, alley, park, playground or place open to the
public, or place of amusement and entertainment, vacant lot, or
other unsupervised place in the City between the hours of 12:00
midnight and 5:00 a.m. of the following day.
400.04 - LIABILITY OF PARENT
It shall be unlawful for any parent, guardian or other adult
person having authorized care, custody or control of any minor
under the age of eighteen (18) years, to allow or to permit such
minor to violate the provisions of Sections 400.00 and 400.02.
400.06 - LIABILITY OF PROPRIETOR
It shall be unlawful for any person operating or in charge of any
place of amusement, entertainment or refreshment, or other place
of business, to permit any minor under the age of eighteen (18)
years to loiter or idle in such place contrary to the provisions
of Sections 400.00 and 400.02. Any such proprietor shall
immediately order any such minor person to leave such place, and
if such person refuses to leave, the proprietor shall immediately
notify the Police Department of the violation.
400.08 - Penalty
1. Any minor under the age of eighteen (18) years found on or
in any public street, avenue, alley, park or other public place,
in violation of Sections 400.00 and 400.02, may be sent or taken
home or placed under proper custody by any police officer of the
City.
2. Any minor violating the provisions of Sections 400.00 and
400.02 shall be dealt with in accordance with juvenile court law
and procedure. Any adult violating the provisions of Sections
400.04 and 400.06 shall be guilty of a misdemeanor.
4,!
CITY'S AMENDED ORDINANCE
ORDINANCE 97-
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING CHAPTER IV OF THE CITY CODE ~PENAL
REGULATIONS" BY REPEALING SECTION 400, ~CURFEW" AND ENACTING A
NEW SECTION 400 IN LIEU THEREOF RELATING TO THE SAME SUBJECT
ENTITLED ~CURFEW"
Section 1. Section 400 of the City of Elk River Code of
Ordinances "Curfew" is hereby repealed and one new section
adopted in lieu thereof, which shall read as follows:
SECTION 400 - CURFEW
400.00 - Definitions
MINOR: means any individual who is under the age of 18 and has
not been declared by a court of competent jurisdiction as being
emancipated.
PARENT: means any individual who is over the age of 18 and is
the birth or adoptive parent of the minor, or who has the legal
custody of a minor as established by order of a court of
competent jurisdiction. This definition excludes individuals who
are providing foster care as it is defined in Minnesota Statute
260.015, subd. 7.
400.02 - Curfew for Minors
1. It shall be unlawful for any minor who is unaccompanied by a
parent, or an adult who does not have the permission of the
parent to be with the minor, to be present upon any public
street, avenue, alley, park, playground or place open to the
public, or place of amusement and entertainment, vacant lot, or
other unsupervised place in the City during the following hours:
A. Under the Age of Sixteen (16) - If the minor is under
the age of sixteen (16), between the hours of 10:00 p.m. of
any day and 5:00 a.m. of the following day;
B. Under the Age of Eighteen (18) - If the minor is under
the age of eighteen (18), but over the age of fifteen (15),
between the hours of 12:00 a.m. of any day and 5:00 a.m. of
the following day.
2. Organized Activity or Employment - It shall be an
affirmative defense to a prosecution under this ordinance if, at
the time of the curfew violation, the minor is involved with an
organized school or church activity or is in the employ of a
business.
3. Liability of Parent - It shall be unlawful for any parent of
a minor to allow or permit such minor to violate the provisions
of this ordinance.
4. Liability of Proprietor - It shall be unlawful for any
person operating or in charge of any place of amusement,
entertainment or refreshment, or other place of business, to
permit any minor to loiter or idle in such place contrary to the
provisions of this ordinance. Any such proprietor shall
immediately order such minor person to leave such place, and if
such person refuses to leave, the proprietor shall immediately
notify the Police Department of the violation.
400.04 - Penalties
1. For the Minor - A minor may be charged with a misdemeanor
for a violation under this ordinance.
2. For the Parent
A. Any parent whose minor violates this ordinance shall
be notified of all such offenses. Service by first class
mail to the last known address or the address given by the
minor shall be deemed notice to such parent. The parent
shall be notified that if the minor incurs three or more
curfew violations, then the parent shall be subject to the
penalties set forth herein.
B. A parent of a minor may be charged with a misdemeanor
under this ordinance.
Section 2. That this ordinance shall take effect and be in full
force from and after the date of its publication.
Passed and adopted by the City Council of the City of Elk River
this 16th day of June, 1997.
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk
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