HomeMy WebLinkAboutOrd 1995-18f
11
ORDINANCE 95-18
AN ORDINANCE OF THE MAYOR AND COMMON
COUNCIL OF THE TOWN OF FOUNTAIN HILLS,
ARIZONA, AMENDING THE TOWN CODE CHAPTER 11
OFFENSES, SECTION 11-1-6 MINORS, RELATING TO THE
CURFEW OF MINORS AND REPEALING ALL
ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
PROVIDING FOR SEVERABILITY AND DECLARING AN
EMERGENCY.
IN ORDER TO REDUCE JUVENILE CRIME, PROTECT THE CITIZENS
INCLUDING CHILDREN OF THIS AREA, AND REINFORCE PARENTAL
AUTHORITY, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
FOUNTAIN HILLS AS FOLLOWS:
SECTION 1. Section 11-1-6 of the Town code is amended to read:
Section 11-1-6 CURFEW HOURS FOR MINORS
® A. Definition. In this section unless the context otherwise requires:
1. "Emergency" means an unforeseen combination of circumstances or the
resulting state that calls for immediate action.
2. "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 an authorized agency or court; or least 21 years of age and
authorized by a parent or guardian to have the care and custody of a
minor.
3. "Insufficient control" means failure to exercise reasonable care and
diligence in the supervision of the juvenile.
4. "Minor" means any person under eighteen years of age.
5. "Parent" means a person who is a natural parent, adoptive parent or step-
parent of another person.
1
PASS AIL 5—ti-9S—
MOTION - C"-W 10
SECOND Lct.rire-r,e.e—
COUNT 7-0
PUBLISHED FOUNTAIN HILLS TIMES
5-10— 9S
5—Il —4ti
•
B. Offenses:
1. It is unlawful for any minor under the age of sixteen years to be in, about,
or upon any place in the town away from the property where the youth
resides between the hours of 10:00 P.M. and 5:00 A.M. of the following
day.
2. It is unlawful for any minor sixteen years of age or older and under the
age of eighteen, to be in, about, or upon any place in the town away from
the property where the child resides between the hours of 12:00 A.M. and
5:00 A.M.
3. It is unlawful for a parent or guardian of a minor to knowingly permit, or
by insufficient control, allow a minor to violate Section B-1 or Section B-2
as listed above.
4. It is unlawful for a parent, guardian or other person having the care,
custody or supervision of the minor to fail or refuse to take custody of the
minor after such demand is made upon him by a law enforcement officer
who arrests the minor for violation of Section B-1 or B-2 as listed above.
C. Defenses/Exceptions:
It is a defense to prosecution under Subsection B, including B-3, of this section
that the minor was:
1. Accompanied by the minor's parent or guardian.
2. With prior permission of the parent or guardian, in motor vehicle involved
in interstate travel.
3. With prior permission of the parent or guardian, in an employment activity
or going to or returning home from an employment activity without any
detour or stop by the most direct route.
4. Involved in an emergency.
5. With prior permission of the parent or guardian, was engaged in
reasonable, legitimate, and specific business and/or activity. Examples
2
include, but are not limited to, a juvenile with prior permission of the
parent or guardian, attending an official school, religious or other
recreational activity supervised by adults who take responsibility for the
minor, or going to or returning home from an official school, religious or
other recreational activity supervised by adults who take responsibility for
the minor.
6. With prior permission of the parent or guardian, engaged in a reasonable
and legitimate exercise of First Amendment rights protected by the United
States Constitution.
7. Married and 16 years of age or over, or in the military.
S. On the sidewalk abutting their resident or on the exit door neighbor's
property with the consent of the neighbor.
D. Enforcement:
1. Before taking any enforcement action under this section, a police officer
shall attempt to ascertain the apparent offender's age and reason for being
® in the 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 upon the circumstances, the minor's responses
and minor's conduct, no defense as provided in subsection C of this
section is probably present.
2. In addition to any other powers he/she may have, any, law enforcement
officer who arrests a minor for violating any of the provisions of Section
B-1 or B-2 is also hereby empowered to demand of the parent, guardian
or other person having the care, custody or supervision of the minor that
such parent, guardian or other person come and take the minor into
custody.. The law enforcement officer is also empowered to take the minor
to a designated location where arrangements can be made for a parent,
guardian or other appropriate party to take the minor into custody. Should
there be a failure of the parent, guardian or other person to take custody
of such minor, the officer may then be empowered to take the minor
home.
3
E
t
SECTION 2. Each violation of the provisions of Sections B-1, B-2, B-3 and B-4 shall constitute
a separate offense.
SECTION 3. First offense convictions, under this section, shall be sentenced as a petty offense.
Second offense convictions, under this section, shall be sentenced as a Class 2
Misdemeanor. Third and all subsequent convictions, under this section, shall be
sentenced as a Class 1 Misdemeanor.
SECTION 4. All ordinances and parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
SECTION 6. Whereas, it is necessary for the preservation of the peace, health and safety of the
Town of Fountain Hills, Arizona, an emergency is declared to exist, and this
ordinance shall become immediately operative and in force from and after the date
of posting hereof.
PASSED AND ADOPTED by the Council of the Town of Fountain Hills, Arizona, this
4th day of May, 1995.
ATTEST:
Cassie B. Hansen, Town Clerk Joh . Cutillo, Mayor
APPROyED AS TO
WED BY:
William E. Farrell, Town Attorney Paul L. Nordin, Town Manager
Approved by the MAG Youth Policy Advisory and Management Review Committees this
day of 199_. zxurfew.doc
0