Ordinance No. 1048 04-10-1995 ORDINANCE NO. 1048
ORDINANCE REPEALING CHAPTER 801 OF THE FRIDLEY CITY
CODE IN ITS ENTIRETY, ENTITLED "CURFEW", AND ADOPTING
A NEW CHAPTER 801 ENTITLED "CURFEW"
801.01. FINDINGS AND PURPOSE
1. In recent years, there has been a significant increase in juvenile
victimization and crime. At the same time, the crimes committed by and
against juveniles have become more violent. A significant percentage of
juvenile crime occurs during curfew hours.
2. Because of their lack of maturity and experience, juveniles are
particularly susceptible to becoming victims of older perpetrators. The
younger the person is, the more likely he or she is to be a victim of crime.
3. While parents have the primary responsibility to provide for the safety
and welfare of juveniles, Fridley also has a substantial interest in the
safety and welfare of juveniles. Moreover, the City of Fridley has an
interest in preventing juvenile crime, promoting parental supervision, and
providing for the well being of the general public.
4. An updated and enforceable curfew ordinance will reduce juvenile
victimization and crime and will advance public safety, health, and general
welfare.
801.02. DEFINITIONS
1. "Juvenile" means a person under the age of eighteen (18) . The term does
not include persons under 18 who are married or have been legally emancipated.
2. "Parent" means birth parents, adoptive parents, and step parents.
3. "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.
4. "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.
5. "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.
6. "Emergency" means a circumstance or combination of circumstances
requiring immediate action to prevent property damage, serious bodily injury,
or loss of life.
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7. "Serious bodily injury" means bodily injury that creates a substantial
risk of death, serious permanent disfigurement, or protracted loss of
impairment of the function of any body part or organ.
8. "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.
9. "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.
801.03. PROHIBITED ACTS
1. It is unlawful for a juvenile under the age of 16 to be present in any
public place or establishment within the City of Fridley:
A. any time between 10:00 p.m. on any Sunday, Monday, Tuesday,
Wednesday, or Thursday and 5:00 a.m. of the following day.
B. any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m.
on the following day.
2. It is unlawful for a juvenile, age 16 or 17 to be present in any public
place or establishment within the City of Fridley:
A. any time between the 11:00 p.m. on any Sunday, Monday, Tuesday,
Wednesday, or Thursday and 5:00 a.m. the following day.
B. any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday.
3. 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 the City of Fridley during the hours prohibited
in paragraphs A and B of this section.
4. It is unlawful for a proprietor of an establishment within the City of
Fridley to knowingly permit a juvenile to remain in the establishment or
establishment's property during the hours prohibited in paragraphs A and B 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 of the establishment. A copy of the written notice shall be served
upon the establishment's proprietor personally or by certified mail.
801.04. DEFENSES
1. It is an affirmative defense for a juvenile to prove that:
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A. the juvenile was accompanied by his or her parent, guardian, or
other responsible adult.
B. the juvenile was engaged in a lawful employment activity or was
going to or returning home from his or her place of employment.
C. the juvenile was involved in an emergency situation.
D. 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 civic organization.
E. the juvenile was on an errand at the direction of a parent or
guardian.
F. the juvenile was exercising First Amendment rights protected by the
United States constitution or Article 1 of the Constitution of the State
of Minnesota.
G. the juvenile was engaged in interstate travel.
H. 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.
2. It is an affirmative defense for a proprietor of an establishment to
prove that:
A. the proprietor or employee reasonably and in good faith relied upon
a juvenile's representations of proof and 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.
B. the proprietor or employee promptly notified the City of Fridley
police department that a juvenile was present on the premises of the
establishment during curfew hours.
801.05. PENALTY
Violation of this ordinance is a misdemeanor.
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10TH DAY OF
APRIL, 1995.
LUi/1,407j " Q WILLIAM J. , '- MAYOR
ATTEST:
V a 1111
. (Lw�l�
WILLIAM A. CHAMPA - CITY CLERK
First Reading: March 20, 1995
Second Reading: April 10, 1995
Publish: April 25, 1995
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