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2019-008 Curfew Ordinance Regulations for Children
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2019-008 Curfew Ordinance Regulations for Children
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2/12/2019 3:30:30 PM
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2/12/2019 3:24:57 PM
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"(d) It shall be unlawful for the owner, operator or other employee of <br />an establishment to knowingly allow a child to remain upon the premises of <br />the establishment during daytime curfew hours (from 9:00 a.m. until 2:30 <br />p.m. Monday through Friday) or during nighttime curfew hours (from 11:00 <br />p.m. until 6:00 a.m. Sunday, Monday, Tuesday, Wednesday and Thursday <br />nights or from 12:00 a.m. until 6:00 a.m. the same day on any weekend <br />night (Saturday and Sunday mornings) curfew hours. <br />"(e) It shall be unlawful for a parent, guardian or custodian to fail to <br />respond to any notification by a law enforcement officer to take custody of a <br />child, unless reasonably hindered from doing so. <br />"Sec. 21-55. Penalties. <br />"(a) A child (upon proof that a written notice of violation was given to <br />the parent, custodian or guardian of the child for the child's first violation as <br />set forth in Subsection 21-55(b) below) shall commit a first offense upon the <br />second violation of Section 21-54. For such first offense, and for any <br />subsequent offenses, a child, upon conviction, shall be fined not more than <br />$200.00 for any one offense. A municipal court may, however, defer <br />charges against a child arising out of a violation of Section 21-54 to a teen <br />court program as provided in Article 46.55 of the Code of Criminal Procedure <br />when guidelines for such referral, if necessary, have been approved by the <br />juvenile court of the county. <br />"(b) Upon the first violation by a child of Section 21-54 of this Article, the <br />Chief of Police or his authorized designee, shall give written notice of such <br />violation to a parent, guardian, or custodian of the child with a warning that <br />any subsequent violation will result in full enforcement of this Article, <br />including enforcement of parental responsibility and applicable penalties. <br />Such notice shall be given by personally delivering a copy to the parent, <br />custodian or guardian, or by sending the notice to the parent, custodian or <br />guardian by certified mail, return receipt requested. <br />"(c) A parent, guardian, or custodian (upon proof that a written notice <br />of violation was previously issued to them for a prior curfew violation, as set <br />forth in Subsection 21-55(b) above) shall commit a first offense upon the <br />second violation of Section 21-54 by their child or a child for which they are <br />guardian or over which they have custody. For such first offense, and for <br />any subsequent offenses, a parent, guardian or custodian, upon conviction, <br />shall be fined not more than $200.00 for any one offense. <br />"(d) Jurisdiction for violation of this Article shall be in the Municipal <br />Page 6 of 12 <br />
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