§ 11-1. Curfew for minors.
(a)
No person shall be on or present in any public street, alley, park or other public or quasi-public place in the city between the following hours:
(1)
Under the age of 12:
a.
9:00 p.m. Sunday through Thursday to 5:00 a.m. of the following day; and
b.
10:00 p.m. Friday and Saturday to 5:00 a.m. of the following day.
(2)
Age 12 through 14:
a.
10:00 p.m. Sunday through Thursday to 5:00 a.m. of the following day; and
b.
11:00 p.m. Friday and Saturday to 5:00 a.m. of the following day.
(3)
Age 15 through 17:
a.
11:00 p.m. Sunday through Thursday to 5:00 a.m. of the following day; and
b.
12:01 a.m. to 5:00 a.m. Saturday and Sunday.
(b)
The following shall constitute valid exceptions to the operation of the curfew:
(1)
At any time if a minor is accompanied by his or her parent or an authorized adult.
(2)
At any time, if a minor is involved in, or attempting to remedy, alleviate, or respond to an emergency.
(3)
If the minor is engaged in a lawful employment activity, or is going to or returning home from his or her place of employment.
(4)
If the minor is attending an official school, religious, or other social or recreational activity supervised by adults and sponsored by a city or the county, a civic organization, or another similar entity that takes responsibility for the minor.
(5)
If the minor is 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 a city or the county, a civic organization, or another similar entity that takes responsibility for the minor.
(6)
If the minor is on an errand as directed by his or her parent, without any detour or stop.
(7)
If the minor is engaged in interstate travel.
(8)
If the minor is on the public right-of-way boulevard or sidewalk abutting the minor's residence or abutting the residence of the next-door neighbor if the neighbor has not complained to the police department about the minor's presence.
(9)
If the minor is exercising First Amendment rights protected by the United States Constitution (or those similar rights protected by Article I of the Constitution of the State of Minnesota), such as free exercise of religion, freedom of speech, and the right of assembly.
(10)
If the minor is homeless or uses a public or semipublic place as his or her usual place of abode.
(c)
A "quasi-public place" is defined as an area in private ownership which is established for the convenience of members of the public as invitees or business visitors and shall include, but shall not be limited to, parking lots, business establishments, shopping center areas, school and church grounds or arcade amusement centers.
(d)
Subsections (a) and (b) do not apply when the minor:
(1)
Is accompanied by the minor's parent, guardian, or other person having the minor's lawful care, custody and control;
(2)
Is returning home by direct route from and within 30 minutes after, a school activity, an activity of a religious or supervised voluntary association, such as scouts, 4-H, community leagues, fraternal and social clubs, etc., or other community events. Examples of such events shall include but not be limited to, dances, community celebrations and carnivals;
(3)
Is in a place or returning home from such place, connected with and required by some legitimate business, trade, profession or occupation in which the minor is permitted by law to be engaged;
(4)
Is in a motor vehicle with parental consent for normal travel (with interstate travel to, through or from the city being excepted in all cases);
(5)
Is upon an emergency errand or other legitimate business directed by the minor's parent, guardian, or other adult having the lawful custody of the minor;
(6)
Is on the sidewalk or boulevard of his residence.
(e)
It shall be unlawful for any parent, guardian or other person having the lawful care, custody or control of any minor under the age of 18 years to allow or permit any such minor to violate the provisions of this section.
(f)
It shall be unlawful for any person operating or in charge of any place of amusement entertaining or refreshment, or other place of business, to permit any minor under the age of 18 years to loiter in such place during the hours prohibited by law or ordinance.
(g)
This section shall not be construed as permitting the presence at any time of any person under 18 years in any place where this presence is prohibited by law or ordinance.
(h)
Wherever the owner or person in charge or in control of any place of amusement, entertainment, refreshment, or other place of business shall find a minor under the age of 18 years loitering in such place of business during the hours prohibited by this section, he shall immediately order such minor to leave, and if such minor refuses to leave the place of business, the operator shall immediately inform the police department of the violation.
(Ord. No. 43-A, §§ 1—6, 12-19-83; Ord. No. 372, §§ 1, 2, 4-12-04)