ORD 07-04ORDINANCE NO.: 2007- 04
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 5, SECTION 3 OF THE OTSEGO
CITY CODE REGULATING JUVENILE CURFEW.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Chapter 5, Section 3 of the Otsego City Code is hereby
amended to read as follows:
SECTION 3
JUVENILE CURFEW
Section:
5-3-1
Findings and Purpose
5-3-2
Definitions
5-3-3
Curfew Hours
5-3-24
Restrictions
5-3-5
Exceptions
5-3-6
Enforcement
5-3-7
Penalties
5-3-8
Severability
5-3-1: FINDINGS AND PURPOSE:
A. The City Council has determined that there has been an increase in
juvenile crime by persons under the age of 18.
B. The increase in juvenile crime poses a danger to the health, safety and
general welfare of the juveniles and the general public.
C. Juveniles are particularly venerable at night time hours to become victims
of crime due to their inability to make critical decisions in a mature and
experienced manner.
D. While parents or guardians have the primary responsibility to provide for
the health, safety and welfare of juveniles, the City of Otsego also has a
1
substantial interest in the safety and welfare of juveniles. Moreover, the
City of Otsego has an interest in preventing juvenile crime, promoting
parental supervision and providing for the well being of the general public.
E. 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.
F. A curfew for those under the age of 18 will be in the interest of the public
health, safety and general welfare and will aid in attaining the foregoing
objectives and to diminish the undesirable impact of such conduct on the
citizens of the City of Otsego.
5-3-2: DEFINITIONS:
Emergency: A circumstance or combination of circumstances requiring
immediate action to prevent property damage, serious bodily injury or loss of life.
Establishment: 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.
Juvenile: A minor person under the age of eighteen (18). The term does not
include persons under 18 who are married or have been legally emancipated.
Guardian: 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.
Minor: Any person under eighteen (18) years of age.
Parent: A person who is a natural parent, adoptive parent, or step-parent of
another person.
Proprietor: 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.
Public Place: 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.
2
Remain: To loiter, linger, or stay or to 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.
Serious Bodily Injury: A bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement, or protracted loss of
impairment of the function of any body part or organ.
5-3-3:
CURFEW HOURS:
A. Under 16 years of age. It is unlawful for a juvenile under the age of 16
years to be present in any public place or establishment within the City of
Otsego:
1. Any time between 10:00 p.m. on each day of the week and 5:00
a.m. of the following day.
B. Age 16 or 17: It is unlawful for a juvenile under the age of 16 years to be
present in any public place or establishment within the City of Otsego:
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 12:00 p.m. on any Friday or Saturday and 5:00
a.m. on the following day.
5-3-4: 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. A proprietor 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.
3
5-3-5: EXCEPTIONS:
A. Juveniles shall be exempt from the restrictions established by Section 5-3-
4 of this Chapter when the juvenile can demonstrate 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.
6. The juvenile was engaged in interstate travel.
7. 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.
8. The juvenile was exercising First Amendment rights protected by
the United States Constitution or Article I of the Constitution of the
State of Minnesota.
B. A proprietor or employee shall be exempt from the restrictions established
by Section 5-3-4.0 of this Chapter when the proprietor or employee can
demonstrate that:
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. §340A.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 law
enforcement agency that a juvenile was present on the premises of
the. establishment during curfew hours.
4
5-3-6: ENFORCEMENT:
A. A law enforcement officer may not issue a citation, detain a juvenile or
take a juvenile into custody based on a violation of Section 5-3-5 of this
Chapter unless the law enforcement officer, after speaking with the
juvenile and considering the facts and surrounding circumstances:
1. Reasonably believes that the juvenile has violated Section 5-3-5 of
this Chapter; and,
2. Reasonably believes that none of the exceptions in Section 5-3-5 of
this Chapter apply.
B. Any juvenille apprehended while violating any of the restrictions of Section
5-3-4 of this Code shall be escorted home and placed in the custody of the
juvenile's parent or guardian.
5-3-7: PENALTIES:
A. A violation of Section 5-3-4.A will be prosecuted pursuant to Minn. Stat.
§260B.235 and will be subject to the penalties therein.
B. A violation of Section 5-3-5.13 or C is a misdemeanor and will be subject to
the penalty set forth in Minn. Stat. §609.03.
5-3-8: 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 affect 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.
Published: Star News 05-23-07
5