ORD 96-02CITY OF OTSEGO
ORDINANCE NO. %--2
AN ORDINANCE REGULATING THE PRESENCE AND
CONDUCT OF MINORS ON STREETS AND OTHER PUBLIC
PLACES; DEFINING DUTIES OF PARENTS OR OTHERS IN
CARE OF MINORS; PROVIDING FOR PROCEDURES AND
PENALTIES FOR VIOLATIONS THEREOF.
WHEREAS, the City Council has determined that there has been an increase in
juvenile crime between the hours of 10:00 p.m. and 5:00 a.m. by persons under the age of
18; and
WHEREAS, this increase in juvenile crime poses a danger to the health, safety
and general welfare of the juveniles and of the general public; and
WHEREAS, Juveniles are particularly vulnerable at night time hours to become
victims of crime due to their inability to make critical decisions in a mature and
experienced manner; and
WHEREAS, A juvenile curfew seeks to regulate juvenile activities carried out at
night time hours upon the streets and in public places and establishments where the risk of
danger to juveniles can be the greatest; and
WHEREAS, A curfew for those under the age of 18 will be in the interest of the
public health, safety, and general welfare and will help to attain the foregoing objectives
and to diminish the undesirable impact of such conduct on the citizens of the City of
Otsego.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF OTSEGO.
a. Curfew Hours mean 10:00 p.m., every day of the week, until 5:00 a.m. of
the following day.
b. Establishment means any privately owned place of business operated for a
profit to which the public is invited, including but not limited to any place
of amusement or entertainment.
C. Guardian means (1) a person who, under court order, is the guardian of
the person of a minor; or (2) a public or private agency with whom
a minor has been placed by a court.
d. Minor means any person under 18 years of age.
e. Parent means a person who is a natural parent, adoptive parent or step-
parent of another person.
f. 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.
g. Remain means to (1) loiter, linger, or stay; or (2) fail to leave the
premises when requested to do so by a police officer or the owner,
operator or other person in control of the premises.
SECTION 2. RESTRICTIONS. It shall be unlawful for:
a. any minor to remain in any public place or on the premises of any
establishment within the city during curfew hours unless accompanied
by a parent or legal guardian;
b. any parent or guardian to permit, either knowingly or by insufficient
control, allow the minor to remain in any public place or on the premises of
any establishment within the City during curfew hours unless accompanied
by a parent or legal guardian;
C. any owner, operator, or any employee of an establishment to knowingly
allow a minor to remain upon the premises of the establishment during
curfew hours unless accompanied by a parent or legal guardian.
Any minor apprehended while violating any of the restrictions of Section 2 above
shall be escorted home and placed in the custody of the minor's parent or guardian.
a. A person who violates a provision of this chapter is guilty of a separate
offense for each day or part of a day during which the violation is
committed, continued or permitted.
N
b. Any minor who is convicted of a violation of this ordinance after the case
has been referred for prosecution in the trial court under Minn. Stat,
260.15, and any adult person having the care and custody of such minor,
is:
i Minors --Guilty of a petty misdemeanor and shall be punished by a
fine not to exceed $75.00 or community service time as deemed
necessary by the presiding judge, plus all costs of prosecution of
this ordinance for a first offense.
ii Parents --Guilty of a petty misdemeanor and shall be punished by a
fine not to exceed $75.00 or community service time as deemed
necessary by the presiding judge, plus all costs of prosecution of
this ordinance for a first offense;
iii Minors --Guilty of a petty misdemeanor and a fine not to exceed
$200.00 or community service time as deemed necessary by the
presiding judge, plus all costs of prosecution of this ordinance for a
second offense within six months of a prior conviction under this
ordinance;
iv Parents --Guilty of a petty misdemeanor and a fine not to exceed
$200.00 or community service time as deemed necessary by the
presiding judge, plus all costs of prosecution of this ordinance for
a second offense within six months of a prior conviction under this
ordinance;
SECTION 5. SEVERABILITY. The terms and provisions of this ordinance
are severable. If any provision of this ordinance is, for any reason, held to be invalid, such
decision shall not effect the validity of the remaining portions of this ordinance. It is
intended that this Curfew Ordinance be held inapplicable in such cases, if any, where its
application would be unconstitutional.
This ordinance shall be effective upon passage by the City Council and publication
in the official city newspaper.
Passed 28th day of March, 1996.
Mayor, Norman F. Freske
(Seal)
Published in the Elk River Star News on April 10th, 1996.
Posted 4-1-96
3
Affidavit of Publication
CITY OF OTSEGO
ORDINANCE NO.964
AN ORDINANCE REGULATING
THE PRESENCE AND CONDUCT
OF MINORS ON STREETS AND
OTHER PUBLIC PLACES; DEFIN„„x
ING DUTIES OF PARENTS OR OTH-
ERS IN CARE OF MINORS; PRO-,`
VIDING FOR PROCEDURES AND
PENALTIES FOR VIOLATIONS'"'
THEREOF
WHEREAS, the City Council had
determined that there has been Is
increase in juvenile crime between tha``}
hours of 10:00 p.m. and 6:00 a,m. bye;`
persons under the age of 18; and
WHEREAS, this increase in juve•,
nile crime poses a danger to' "the;k
health, safety and general welfare of,.
the juveniles and of the general pub-
lic; and
WHEREAS, Juveniles are particu-
larly vulnerable at night time hours,0
become victims of crime due to thI
inability to make critical decisions in a,,.
mature and experienced manner, and
WHEREAS, A Juvenile curfeW
seeks to regulate juvenile activities
carried out at night time hours upon:
the streets and in public places 0,04
establishments where the risk gtdaxl,.
ger to juveniles can be greatest, and
WHEREAS, A curfew for thoa
under the age of 18 will be in fife;,`,
interest of the public health, safety
and general welfare and will e 1Ito
attain the foregoing objectives and tQ
diminish the undesirable impact
such conduct on the citizens of the,'
City of Otsego.
NOW, THEREFORE,
ORDAINED BY THE CITY COUN
CIL OF THE CITY OF OTSEGO. ,
SECTION 1. DEFINITIONS In thtal
section:
a. Curfew Hours mean 10:00
every day of the week until 6:00 a.m:
to the following day,
b. Establishment means any prim
vately owned place of business operat-'
ed for a profit to which the public is
invited, including but not limited to .
any place of amusement or entertain-
ment.
C. Guardian means (1) a person who,
under court order, is the guardian of
the person of a minor; or (2) a public or
private agency with whom a mfnbr =i
has been placed by a court.
d. Minor means any person under'1A
years of age. rI
e. Parent means a person who is a
natural parent, adoptive parent or
step-parent of another person.
f, Public place means any place to
which the public or substantial group
of the public has access and includes, r
but is not limited to, streets, hijb;'
ways, and the common areas of
schools, hospitals, apartment housest",
office buildings, transport facilitieq
and shops,
g. Remain means to (1) loiter, lb!W#
of stay; or (2) fail to leave the premiss,
es when requested to do so by a police`
officer or the owner, operator or oth6i+
person in control of the premises.
SECTION 2. RESTRICTIONS. It
shall be unlawful for: 4
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STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
being duly sworn, 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 newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended. / _
(B) The printed _ ()./�n /.t:� � • �(0' �
which is attached was cut from the columns of said ne�apaper,
and was printed and published once each week, for suc-
cessive weeks; itwels first published on Wednesday, the
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day of , 19q, 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.
abcdefghijklmnopgrstuvwxyz
Subscribed and sworn to before me on this
Notary P"1ic
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(2) Maximum rate allowed by law for
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(3) Rate actually charged for the
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day of
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