97-013 ORDORDINANCE 97-13
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Ordinances "Curfew" is hereby repealed and one new section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 - Definition~
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.
~ARENT: 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.
/~n7 A. Du~tsman, M~r
ATTEST:
s"; ' ' ' '
andra A. Thackeray, city Cler~
\\elkriver\sys\shrdoc\document\ordinanc\curfew.doc
Mfidavit of Publication
STATE OF MINNESOTA )
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COUNTY OF SHERBURNE)
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being duly swoth, on oath says that he/she is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified ne~spaper, as provided
by Minnesota Statute 331A.02, 331A.07, and oth<;!r applicable
laws, as amended.
(B) The printed UA{~L/}'~ Q'1-13
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for ~uc-
cessive weeks; it was first published on Wednesday, the
day of (~~ , 19 (:1'1 , and was thereafter
printed an published on every Wednesday to and including
Wednesday, the _ day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
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Subscribed and sworn to before me on this ~tO...J.!L.. day of
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RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable
space $
(2) Maximum rate allowed by law for
the above matter $ I w.. ~ '?J
(3) Rate actually charged for the
above matter $ I~,d..)
Mfidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
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being duly sw-;;n:, on oath says that he/she IS the pubhsher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified ne:wspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and oth<;lr applicable
laws, as amended.
(B)Theprinted OA&VY\a../VLC.Q..J Cfr; -13
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for ~uc-
cessive weeks; itwas first published on Wednesday, the .
day of 'Jl~ , 19 C)"1 , and was thereafter
printed an published on every Wednesday to and including
Wednesday, the_day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
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Subscribed and sworn to before me on this
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Notary PUb~
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RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter $ I w. :t ~
(3) Rate actually charged for the
above matter $ l.;)o.d.-)