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Home My WebLink About0957 Ord (Public Peace, Safety and Welfare) , ' ".. 1''' ORDINANCE NO. 957 AN ORDINANCE AMENDING CHAPTER 52, OFFENSE AGAINST PUBLIC PEACE, SAFETY AND WELFARE, SECTION 52-11, CHILD CURFEW OF THE CITY CODE OF THE CITY OF STILLWATER THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: The current section of the City Code, Chapter 52, Offense Against Public Peace, Safety And Welfare, Section 52-11, Child Curfew is hereby deleted in its entirety and replaced with the following that reads: Subd. 1: Definitions Juvenile means a person under the age of seventeen (17). The term does not include persons under 17 who are married or have been legally emancipated. Parent means birth parents, adoptive parents, and step-parents. Guardian means an adult appointed pursuant to Minn. Stat. ~525.6155 or ~525.6165 who has the powers and responsibilities of a parent as defined by Minn. Stat. ~525.619. Responsible adult means a person over the age of eighteen (18) specifically authorized by law or by a parent or guardian to have custody and control of a juvenile. Public Place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. Emergency means a circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury or loss of life. Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any body part or organ. Establishment means any privately-owned place of business to which the public is invited, including, but not limited to, any place of amusement, entertainment, or refreshment. Proprietor means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Subd, 2: Prohibited Acts (A) It is unlawful for a juvenile under the age of 12 to be present in any public place or establishment within City of Stillwater: (1) any time between 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. Page 1 of 3 . , . (2) any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. (8) It is unlawful for a juvenile, from age 12 through 14, to be present in any public place or establishment within City of Stillwater: (1) any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. (2) any time between 11 :00 p.m. on any Friday or Saturday and 5:00 a.m. on any Saturday or Sunday of the following day. (C) It is unlawful for a juvenile, ages 15 and 16, to be present in any public place or establishment within City of Stillwater: (1) any time between 11.00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. (2) any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday. (0) It is unlawful for a parent or guardian of a juvenile knowingly, or through negligent supervision, to permit the juvenile to be in any public place or establishment within City of Stillwater during the hours prohibited in paragraphs (A), (8) or (C) of this section. (E) It is unlawful for a proprietor of an establishment within City of Stillwater to knowingly permit a juvenile to remain in the establishment or on the establishment's property during the hours prohibited in paragraphs (A), (8) or (C) of this section. If the proprietor is not present at the time of the curfew violation, the responding officer shall leave written notice of the violation with an employee or the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail. Subd, 3: Defenses (A) It is an affirmative defense for a juvenile to prove that: (1) the juvenile was accompanied by his or her parent, guardian, or other responsible adult. (2) the juvenile was engaged in a lawful employment activity or was going to or returning home from his or her place of employment. (3) the juvenile was involved in an emergency situation. (4) the juvenile was going to, attending, or returning home from an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or a civic organization. (5) the juvenile was on an errand at the direction of a parent or guardian. Page 2 of 3 . , . (6) the juvenile was exercising First Amendment rights protected by the United States Constitution or Article I of the Constitution of the State of Minnesota. (7) the juvenile was engaged in interstate travel. (8) the juvenile was on the public right-of-way boulevard or sidewalk abutting the property containing the juvenile's residence or abutting the neighboring property, structure, or residence. (B) It is affirmative defense for a proprietor of an establishment to prove that: (1) the proprietor or employee reasonably and in good faith relied upon a juvenile's representations of proof of age. Proof of age may be established pursuant to Minn. Stat. 9340A.503, Subd. 6, or other verifiable means, including, but not limited to, school identification cards and birth certificates. (2) the proprietor or employee promptly notified the responsible police agency that a juvenile was present on the premises of the establishment during curfew hours. Subd. 4: Penalty (A) Violation of Subd. 2, (A) (B) (C) will be prosecuted pursuant to Minn. Stat. 9260.195 and will be subject to the penalties therein. (B) Violation of Subd. 2 (D) or (E) is a misdemeanor. SavinQ. In all other ways the City Code will remain in full force and effect. Effective Date. This Ordinance will be in effect from and after its publication according to law. Enacted by the City Council of the City of Stillwater this 19th day of April, 005. ATTEST: ./} ~ \-=:I, ?UahcL Diane F. Ward, City Clerk Page 3 of 3 AFFIDAVIT OF PUBLICATION , Stillwater Gazette " 1931 Curve Crest Blvd. Stillwater, MN 55082 (651) 439-3130 Fax: (651) 439-4713 4/26/05 State of Minnesota} ss. County of Washington} The undersigned, being duly sworn, on oath, says that s/he is the Publisher or authorized agent and employee of the Publisher known as the Stillwater Gazette., and has full knowledge of the facts which are stated. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota State Statute 331A02, 331A07 and other applicable laws as amended. Printed below is' a copy of the lowercase Alphabet, from A to Z, both inclusive, which is hereby acknowledged as being the size and kind type used in composition and publication of the of notice. abcdetghijldmnopqrstuvwxyz ~ P>-::;) ~ - Publisher! Authorized Agent Y ~ Subscribed and sworn to or affinned to me +"^ /I "- on this eX & -day of I+p\". ( ~,M NPublic ' ,2005. City of Stillwater 2164th St N. Stillwater, MN 55082 Invoice #: 00004422 Terms: Net 30 Inches 38 Stillwater Description Ordinance #957-Published 4/25/05 Price $4.05 Total $153.90 $153.90 Sub Total $153.90 $0.00 Payment Maximum rate per column inch under Minnesota Law: $16.90 per 12-pica column Balance Due $153,90 JOHN LUTHER LUND Notary Public Minnesota My Commission Expires Jan\I8IY 31, 2010 (ffLt AN ORDINANCE AMENDING CHAPTER 52, OFFENSE AGAINST PU8UCPEACE, SAFETY AND WELFARE, SECTION 52-11 ,CHILD CURFf:WOl= THI$ CITY CODE OF THE CITY OF STILLWATER THE CITY COUNCILOF THE CITY OFS'I'ILLWATERDOES ORDAIN: The current section. of the City Code, Chapter ~2, Offense Agaln~t PublIC Peace, Safety And Welfare, Section 52-11. Child Curfew is !1ereby deleted in its entirety and replaced with the following that reads: S~ ~/,Qjtfro~ns Juveni!e.ne,anll,llperson under the age of sevent8C!n (17).Thetem'l,does not Im:lude persons under 17 who are married or hevebeenlegallyematll::i~. Pllrentmeans birth parents, acioPtive parents, andstep-parents. Guardian means an adult appointed pursuant to Milln.Stat.S!l25.615Sor 1525.6165 who hes the powers and responsibilitle$ of a parent as defined by Minn. Stat. 1525.619. Responsible adult means a person over the age of-elghteen(18) specifically authorized by I,aw or by a parent or guardian to have custody and c:ontroI of a juvenile. Public Place means any place to which the public or asul;Jatantlal group Of the public hilS acceSs and includes, but is not limited to, streets, highways, 8nd the common areas of schools, hospitals, apartment houses,office buildings, trans- port facilities, and shops. Emergency means a,circumstance or combination of circ:umstances requiring immediate action to prevent property damage, serious bodily \J)jUry or loss of life. Serious bOdily' injury means bOdily injury that creates a substat1tia\..l'iskof death or that causes death, seriouspermaoent disfigurement, or Pl'Otrllcted,lossor impairment'of the function of any body part or.organ. ElItsblishment IlIeanslll'lyprivateiy-ownedplaceof business to WhiClbthe p&Ib\Ic is, invited. including, but, not limited to, any place of amusement; entertainment, or ,refreshment. Proprietor lIIeans any individual,firm, association, partnership, or corporation operating, rnanaglng, or conducting any e$tablishment. The term includes the members or partners of an a$Sociatioll or partnership and the officers of a cor- poration. ' . Subd. 2: Prohibited Acts (A) It Is unlawMfor a juvenile under the age of 12 to be Pre&erlt in any public place or establishment within City of Stillwater: (1) 'any time between ,9:110 p.m. on any Sunday, MoI1day, T~ay. Wednesday, or Thursday and 5:00 a.m. of the fOll(lwing clay. (2) any time betwee1l10:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. (8) IUsunlllwf\ll for a juVenile, f,.omage'12 tl)rough 14,to be present ill any PUblic place or establishment within City of Stillwater: \.. ....... .. .-. ...., (1) anytime between 10:00 p.m. on any Sunday, Monday, Tuesday, Wedn8sd8y, (lr Thursday and 5:00 a.m. of the following day. (2) any time between 11 :00 p.m. on any Friday or Saturday and 5:00 a.m. on any Satur~or Sunday of the foUowing day. ,.. .... ...... - -0. _ (C) It Is unlawful fora juvenile, ages 15 and 16, to be present In any public place or establishment within City of Stillwater: (1) any time between :It.OOp.m. on any Sllnday, Monday, Tuesday, Wednesday, 'or Thursday and 5:00 a.m. of the following day. (2)lInytillleb.twee",12:01. a.m.~(l5:00 ,1I.m.~,! any, Saturday or SU/lday~ (D) It is, unlawful tof a parent or guardian of a juvenile knowingly, or through neg\lg$lt supervision, to pennitthe juvenile to be in any publIC place or estab- liShment within City of StiI~ durJrig the hours Pt'ohibited in paragraphs (A), (8) or (C) of this section. ' (E) It is unlawful for a proprietor of, an establishment withi" CitV 9f Stillwater to knowingly permit ,a juvenile to r8main In the.est8bllshmen1 or on the~bHsh- ment'. property during the hours prohJJHted in paragraphs (A), (B) or (C) of this section. ' if the proprietor is not present at the time of the curfew violation, the respond- ing offICer shaH leave written notice ofthe violation with an employee Or the establishment. A copy of the written notice shall be servlild llPonth. establiSh. ment's proprietor personally or by certified mail. SuI;KJ. 3: Oefenns (A) It is an affirmative ck\ferlae fOr a juvenile to prov, that: :(1) the juvenile was accompanied by his or her parent,guardian, (lr other respcinslble ldult. . (2) the juvenlJe.wu engaged in a lawful employment activity or was going ,to In returning ~ frOm his or her place of employment. (3) the juvenile was involved in ,n emergency' situation. (4) the juvenile wu gping-to, attending, or returning home from an offICial school, religious, or other recreational activity sponsored andlor supervised by a public entity or a, civic organization. (5) the juvenile was on an errand at the direction of a parent or guardian. (6) the juven/le was exercising First Amendment rights protected by thelJn/ted States eon.titutIon or Article lof the Constitution of the State of Minnesota. (7) the juvenile wu engaged in, interstate travel. (8)ithe juvenile was on tIHi publicrightoOf-way bQulevardor ~.ablltting theJKOperty containlng'the juvenile's residence or abutting the neigI'lborIng property, structure, or residence. ' (B)k is affirmative defense for a proprietor of an establis!1ment to prove that: ~ . .\ (1) the proprietor or employee reasonably and in good faith relied upon a juve- nile's representatIOns of proof of age. Proof of age may beestablishe4i pursuant to Minn. Stat. i340A.503, Subd. 6, or other verifiable, means, illCludlng, but not limited to, school identification cards and birth certificates. (2) the proprietor or employee promptly notified the responsible police agency that a juvenile was present on the premises of the establishment dueing ,curfew hours. SUbd.4:Penalty (A) VIolation of Subd. 2, (A) (B) (C) win be prosecuted pursuant to Minn. Stat. 1260.195 and wlU be SUbject (0 the penalties therein. (B) VIolation of Subd. 2 (D) or (E) is a misdemeanor., --' Saving. In ,all other 'ways the City Code will remain in fuU force and effect. Effective Date. This Ordinance will be in effect from and after its publication according to Jaw. ' Enacted by the City Council of the City of Stillwater this 19th day of April, 2005. Is!Jay L. Kimble Jay L. Kimble, Mayor ATTEST: Is! Diane F. Ward Diane F. Ward, City Clerk 4125