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HomeMy WebLinkAbout1995-023 Council OrdinancesCouncil Member Kuether adoption: introduced the following ordinance and moved its CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 23 - 95 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY REPLACING CHAPTER 500 WITH THE ANOKA COUNTY JUVENILE CURFEW The City Council of the City of Lino Lakes ordains: Chapter 500, Section 501 of the Lino Lakes City Code is hereby amended to read as follows: Subdivision 1. Anoka County Juvenile Curfew Ordinance. The Anoka County Juvenile Curfew Ordinance No. 95 -2, effective December 1, 1995, is hereby adopted by reference and shall govern within the City in accordance with its terms. A copy of the entire Ordinance No. 23 - 95 can be obtained by calling the Lino Lakes Police Department, 79-0605 or the Lino Lakes City Hall, 464-5562. Subdivision 2. Effective Date. This Ordinance shall be effective thirty days after its passage and publication by the City Council. This Ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed by the Lino Lakes City Council this 1 lth day of December, 1995 ATTEST: lS� a lyn 1< �.Fit-91d1 Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor The motion for the adoption of the foregoing Ordinance was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Neal, Bergeson, Elliott, Kuether, Reinert. The following voted against same: None. Whereupon said Ordinance was declared passed and adopted. Council Member Elliott adoption: introduced the following ordinance and moved its CITY OF LINO LAKES COUNTY OF ANOKA CITY OF LINO LAKES ORDINANCE NO. 23 - 95 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY DELETING CHAPTER 500 AND REPLACING IT WITH THE ANOKA COUNTY JUVENILE CURFEW ORDINANCE The City Council of the City of Lino Lakes ordains: Chapter 500 of the Lino Lakes City Code is hereby amended to read as follows: 501.01 PURPOSES AND FINDINGS. Subdivision 1. The City Council of the City of Lino Lakes finds and determines that there has been an increase in juvenile violence and crime by juveniles in the City. Subd. 2 Subd. 3 Subd. 4 Juveniles are particularly susceptible by their lack of maturity and experience to participate in unlawful activities and to be victims of older perpetrators of crime. Because of the foregoing, special and extenuating circumstances presently exist within this City that require special regulation of juveniles within the City in order to protect them and other persons during the nighttime hours, to aid in crime prevention, to promote parental supervision and authority over minors, and to decrease juvenile crime rates. In accordance with prevailing community standards, this ordinance serves to regulate the conduct of minors in public places during nighttime hours, to be effectively and consistently enforced for the protection of juveniles from each other and from other persons, in public places during nighttime hours, for the enforcement of parental control of, authority over, and responsibility for their children, for the protection of the general public from nighttime mischief by juveniles, for the reduction in the incidents of juvenile criminal activity and protection of juveniles against criminal activity. Page 1 501.02 AUTHORITY Subdivision 1 This Ordinance is enacted pursuant to the authority granted under Minnesota Statute 145A.05, subd. 7a (1994) 501.03 DEFINITIONS Subdivision 1 "Authorized adult" shall mean any person who is at least eighteen (18) years of age and authorized by a parent or guardian to have custody and control of a juvenile. Subd. 2 Subd. 3 Subd. 4 Subd. 5 Subd. 6 Subd. 7 "City Council" shall mean the Lino Lakes City Council. "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life "Juvenile" means a person under the age of eighteen (18) years. The term does not include person under 18 who are married or have been legally emancipated. "Parent" shall mean any persons having legal custody of a juvenile (I) as natural, adoptive parent, or stepparent; (ii) as a legal guardian; or (iii) as a person to whom legal custody has been given by order of the court. "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, roadways, parks, public recreation, entertainment or civic facilities, school, and the common areas of hospitals, apartment houses, office buildings, transport facilities, and shops. "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 bodily member or organ. 501.04 PROHIBITED ACTS Subdivision 1 It is unlawful for a juvenile under the age of twelve (12) years to be present in any public place within the City of Lino Lakes: Page 2 A. Any time between 9:00 P.M. on any Sunday, Monday, Tuesday, Wednesday or Thursday, and 5:00 A.M. of the following day. B. Any time between 10:00 P.M. on any Friday or Saturday and 5:00 A.M. the following day. Subd. 2 It shall be unlawful for any juvenile age twelve (12) to fourteen (14) years to be present in any public place with the City of Lino Lakes: 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. Subd. 3 It shall be unlawful for any juvenile age fifteen (15) to seventeen (17) years to be in any public place within the City of Lino Lakes: Subd. 4 Subd. 5 A. Any time between 11:00 P.M. on any Sunday, Monday, Tuesday, Wednesday or Thursday, and 5:00 A.M. of the following day. B. Any time between 12:01 A.M. and 5:00 A.M. on any Saturday or Sunday. It shall be unlawful for a parent or authorized adult of a juvenile to knowingly, or through negligent supervision, habitually permit such juvenile to be in any public place within the City during the hours prohibited by Paragraphs Subd, 1, Subd. 2, and Subd. 3 of this Section herein, under circumstances not constituting an exception to this ordinance as set forth herein. The term "knowingly" includes knowledge which a parent or authorized adult shall reasonably be expected to have concerning the whereabouts of a juvenile under such person's care. It shall be unlawful for any person operating or in charge of any place of amusement or refreshment which is open to the public to knowingly permit any juvenile to be in such place during the hours prohibited by Subd. 1, Subd. 2 and Subd. 3 of this Section herein, under circumstances not constituting an exception to this Ordinance as set forth herein. The term "Person operating" shall mean any individual, firm, association, partnership or corporation operating, managing or conducting any such establishment. The term includes Page 3 the members or partners of an association or partnership and the officers of a corporation. 501.05 EXCEPTIONS Subdivision 1 The following shall constitute valid exceptions to the operation of the curfew: A. At any time, if a juvenile is accompanied by his or her parent or an authorized adult; B. At any time, if a juvenile is involved in, or attempting to remedy, alleviate, or respond to an emergency; C. If the juvenile is engaged in a lawful employment activity, or is going to or returning home from his or her place of employment; D. If the juvenile is attending an official school, religious, or other social or recreational activity supervised by adults and sponsored by a city, or the county, a civic organization, or another similar entity that takes responsibility for the juvenile; E. If the juvenile is going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a city or the county, a civic organization, or another similar entity that takes responsibility for the juvenile; F. If the juvenile is on an errand as directed by his or her parent, without any detour or stop; G. If the juvenile is engaged in interstate travel; H. If the juvenile is on the public right-of-way, boulevard or sidewalk abutting the juvenile's residence or abutting the neighboring property, structure, or residence; If the juvenile is exercising First Amendment rights protected by the United States Constitution (or those similar rights protected by Article I of the Constitution of the State of Minnesota), such as free exercise of religion, freedom of speech, and the rights of assembly; or, Page 4 J. If the juvenile is homeless or uses a public or semi-public place as his or her usual place of abode. Subd. 2 It is an affirmative defense to prosecution under 501. Subd. 5 that: A. The owner, operator or employee of an establishment promptly notified the police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave. B. The owner, operator 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 Minnesota Statutes 340A.503, subd. 6, or other verifiable means, including, but not limited to, school identification cards and birth certificates. 501.06 ENFORCEMENT Subd. 1 Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in a public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that no exception set forth in Section 501.06 is applicable. 501.07 PENALTIES Subdivision 1 Violation of Section 501.04, Subdivision 1, Subd. 2, and Subd. 3 will be prosecuted pursuant to Minnesota Statutes 280.195 and will be subject to the penalties therein. Subd. 2 Violation of Section 501.04, Subdivision 4 or Subdivision 5 shall be a misdemeanor. 501.08 CONTINUING REVIEW AND EVALUATION Subdivision 1 The County Attorney shall prepare and submit a report annually to the City Council evaluating violations of this section and the criminal activity by and against juveniles within the City during the proceeding year. The first report shall be submitted one year after the effective date in Section 501.11. Page 5 501.09 SEVERABILITY Subdivision 1. If any court of competent jurisdiction shall adjudge any provisions of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. 501.10 EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. This Ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Adopted by the Lino Lakes City Council this 1 lth day of December, 1995 Vernon F. Reinert, Mayor ATTEST: 0 - Marilyn Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing Ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said Ordinance was declared duly passed and adopted. Page 6