HomeMy WebLinkAbout1995.07.17 ORD 1995-302 ORDINANCE NO. 95- 302
AN ORDINANCE ESTABLISHING CHAPTER 72 OF THE HUGO CITY CODE TO BE
KNOWN AS THE "CURFEW ORDINANCE" , AND SETTING UP A NIGHTTIME CURFEW
FOR JUVENILES. THIS ORDINANCE IS ADOPTED PURSUANT TO MINN. STAT.
§145A. 05, SUBD. 9 AND MINN. STAT. §412 .221, SUBD. 32 .
Sec. 72 . 10 Findings and Purpose
(A) 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 .
(B) Because of their lack of maturity and experience,
juveniles are particularly susceptible to becoming victims of older
perpetrators . The younger a person is, the more likely he or she
is to be a victim of crime .
(C) While parents have the primary responsibility to provide
for the safety and welfare of juveniles, the City of Hugo also has
a substantial interest in the safety and welfare of juveniles .
Moreover, the City of Hugo has an interest in preventing juvenile
crime, promoting parental supervision, and providing for the well
being of the general public .
(D) A curfew will reduce juvenile victimization and crime and
will advance public safety, health, and general welfare .
(E) It is the intent of the City Council that this Ordinance
will serve to work with and compliment other similar curfew
ordinances being considered and adopted by other governmental units
in the metropolitan area.
Sec. 72 .20 Definitions
(A) "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.
(B) "Parent" means birth parents, adoptive parents, and step-
parents .
(C) "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 .
(D) "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 .
(E) "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 .
(F) "Emergency" means a circumstance or combination of
circumstances requiring immediate action to prevent property
damage, serious bodily injury or loss of life .
(G) "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.
(H) "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 .
(I) "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.
Sec. 72 .30 Prohibited Acts
(A) It is unlawful for a juvenile under the age of 15 to be
present in any public place or establishment within the City of
Hugo:
(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 the following day.
(B) It is unlawful for a juvenile, age 15 or 16, to be
present in any public place or establishment within the City of
Hugo :
(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.
(C) 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 Hugo
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during the hours prohibited in paragraphs (A) and (B) of this
section.
Sec. 72 .40 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.
(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 .
Sec. 72 .50 Penalty
(A) Violation of Section 3 (A) or (B) will be prosecuted
pursuant to Minn. Stat . §260 . 195 and will be subject to the
penalties therein.
(B) Violation of Section 3 (C) or (D) is a misdemeanor and
will be subject to the penalty set forth in Minn. Stat . §609 . 09 (3) .
Sec. 72 . 60 Constitutionality
If any portion of this Ordinance is for any reason held
invalid or unconstitutional, such portion shall be deemed a
separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions thereof .
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Sec. 72 .70 Effective Date
This Ordinance shall be in full force and effect from and
after its passage and publication, according to law.
jAIHEREUPOsaid Ordinance was declared passed and adopted this
/7- day of �� , 1995 .
/ 1 / AL--
Fran
ron, Mayor
Attest :
Mary Creager, Cit/ lerk
4
PRINTER'S AFFIDAVIT OF PUBLICATION
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA) §
County of Ramsey )
I, the publisher, or the publisher's designated agent, being duly sworn,
on oath state that I am the publisher, or the publisher's designated
agent and an employee of the newspaper known as The White Bear
Press, and that I have full knowledge of the facts which are stated
below:
(A)The newspaper has complied with all of the requirements constitut-
ing qualification as a qualified newspaper, as provided by Minnesota
Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B)The Printed City of Hugo
which is attached was cut from the columns of said newspaper, and
was printed and published once each week, forOne successive weeks;
CITY OF HUGO it was first published on Wednesday , the_s_day of
The Hugo City Council will hold a public July , 19 9 5, and was thereafter printed and published on
hearing on Monday,July 17,1995,at 7:05 PM,
to consider adoption of a Juvenile Curfew every to and including
Ordinance, and ordinance setting a nighttime
curfew for juveniles.A full and complete copy of the day of , 19 ; and printed below is a
the proposed ordinance is on file in the office
of the City Clerk.Anyone wishing to comment copy of the lower case alphabet from A to Z, both inclusive, which is
on this matter will be heard at this time.
Mary Ann Creager,City Clerk hereby acknowledged as being the size and kind of type used in the
Published in the White Bear Press July 5,
1995. composition and publication of the notic •
abcdefghijklmnopq rstuvwxyz
BY: c '. •
TITLE: Publisher
Subscribed and sworn to before me on
this 5 day of July ,19 95.
MAVIS PETERSON
NOTARY PUBLIC-MINNESOTA
WACHINGTnN COU TY
My Commission Exsires Jan.31,2000
My commission expires JANUARY 31 , 2 000 .
RATE INFORMATION
(1)Lowest classified rate paid by
commercial users for comparable $ 3.10
space. (Line, word, or inch rate)
(2)Maximum rate allowed by law for $ 3.10
the above matter. (Line, word, or inch rate)
(3)Rate actually charged for the $
above matter. (Line, word, or inch rate)
PRINTER'S AFFIDAVIT OF PUBLICATION
CITY OF HUGO
ORDINANCE NO. 95-302 AFFIDAVIT OF PUBLICATION
AN ORDINANCE ESTABLISHING CHAPTER
72 OF THE HUGO CITY CODE TO BE
KNOWN AS THE"CURFEW ORDINANCE," STATE OF MINNESOTA ) §
AND SETTING UP A NIGHTTIME CURFEW
FOR JUVENILES.THIS ORDINANCE IS County of Ramsey )
ADOPTED PURSUANT TO MINN.STAT.
145A.05,SUBD.9 AND MINN.STAT.412.221,
SUBD.32. I, the publisher, or the publisher's designated agent, being duly sworn,
Sec 72.10 Findings and Purpose
(A)In recent years,there has been a signifi- on oath state that I am the publisher, or the publisher's designated
cant increase in juvenile victimization and
crime. At the same time,the crimes committed agent and an employee of the newspaper known as The White Bear
by and against juveniles have become more
violent. A significant percentage of juvenile Press, and that I have full knowledge of the facts which are stated
crime occurs during curfew hours.
(B) Because of their lack of maturity and below:
experience, juveniles are particularly suscepti-
ble to becoming victims of older perpetrators. (A)The newspaper has complied with all of the requirements constitut-
The younger a person i:,. the more likely he or
she is to be victim of crime. ,,.,�1:i:,,.af;r,,, ac a r,,,at;fied newspaper, as provided by Minnesota
(C)While parents have the primary respon- to be present in any public place or establish-
sibility to provide for the safety and welfare of ment within the City of Hugo: d other applicable laws, as amended.
juveniles,the City of Hugo also has a substan- (1) any time between 11:00 pm on any
tial interest in the safety and welfare of juve- Sunday, Monday, Tuesday, Wednesday, or 3LIC NOTICE
niles. Moreover,the City of Hugo has an inter- Thursday and 5:00 a.m.of the following day.
est in preventing juvenile crime, promoting (2) any time between 12:01 am and 5:00
parental supervision,and providing for the well am on any Saturday or Sunday.
being of the general public. (C)It is unlawful for a parent or guardian of Tom the columns of said newspaper, and
(D) A curfew will reduce juvenile victimize- a juvenile knowingly, or through negligent
tion and crime and will advance public safety, supervision,to permit the juvenile to be in any Ice each week, for ONE successive weeks;
health,and general welfare. public place or establishment within the City of
(E) It is the intent of the City Council that Hugo during the hours prohibited in paragraphs WEDNESDAY , the 2 day of
this Ordinance will serve to work with and com- (A)and(B)of this section.
pliment other similar curfew ordinances being Sec.72.40 Defenses d was thereafter printed and published on
considered and adopted by other governmental (A)It is an affirmative defense for a juvenile
units in the metropolitan area. to prove that: _to and including '
Sec.72.20 Definitions. (1)the juvenile was accompanied by his or
(A) "Juvenile" means a person under the her parent,guardian,or other responsible adult. 19 ; and printed below is a
age of seventeen (17). The term does not (2) the juvenile was engaged in a lawful
include persons under 17 who are married or employment activity or was going to or returning Ibet from A to Z, both inclusive, which is
have been legally emancipated. home from his or her place of employment.
(B) "Parent"means birth parents, adoptive (3) the juvenile was involved in an emer- ng the size and kind of type used in the
parents,and step-parents. gency situation.
(C) "Guardian" means an adult appointed (4)the juvenile was going to, attending, or 3f the notice:
pursuant to Minn. Stat. 525.6155 or 525.6165 returning home from an official school,religious,
who has the powers and responsibilities of a or other recreational activity sponsored and/or
parent as defined by Minn.Stat.525.619. supervised by a public entity or a civic organiza-
(D) "Responsible Adult" means a person tion. C
over the age of eighteen(18)specifically autho- (5) the juvenile was on an errand at the ()
cfdY1,01nN
rized by law or by a parent or guardian to have direction of a parent or guardian.
custody and control of a juvenile. (6) the juvenile was exercising First
(E) "Public Place" means any place to Amendment rights protected by the United Publisher
which the public or a substantial group of the tates Constitution or Article I of the
public has access and includes,but is not limit- onstitution of the State of Minnesota.
ed to streets,highways,and the common areas (7) the juvenile was engaged in interstate we me on
of schools, hospitals, apartment houses, office travel
buildings,transport facilities,and shops. (8) the juvenile was on the public right-of- ,19 95 ,
(F) "Emergency" means a circumstance or way boulevard or sidewalk abutting the property µ,•, —all,„e_..w----0.,/M--"..'— —4.-----
combination of circumstances requiring immedi- containing the juvenile's residence or abutting MAVIS PETERSON
ate actions to prevent property damage,serious the neighboring property, structure, or resi- +i�✓ NOTARY PUBLIC MINNESOTA
bodily injury or loss of life. Bence. `, -
(G) "Serious bodily injury" means bodily Sec.72.50 Penalty
injury that creates a substantial risk of death or (A)Violation of Section 3 (A) or(B)will be My Commission Expires Jan.31,2000
that causes death,serious permanent disfigure- prosecuted pursuant to Minn.Stat.260.195 and N. .. ' ". . ` , ''atnsey-€.. ., .. .
ment, or protracted loss or impairment of the will be subject to the penalties therein.
function of any body part or organ. (B)Violation of Section 3(C)or(D)is a mis eX ireS TA1�iUARY , 2 090 .
(H) "Establishment" means any privately- demeanor and will be subject to the penalty set p
owned place of business to which the public is fourth in Minn.Stat.609.09(3).
invited, including, but not limited to, any place Sec.72.60 Constitutionality
of amusement,entertainment,or refreshment. If any portion of this Ordinance is for any E INFORMATION
(I) "Proprietor"means any individual, firm reason held invalid or unconstitutional, such
association, partnership, or corporation operat- portion shall be deemed a separate, distinct,
ing, managing, or conducting any establish- and independent provision and such holding d by
ment. The term includes the members or part- shall not affect the validity of the remaining por- parable $ 3.10
ners of an association or partnership and the tions thereof.
officers of a corporation. Sec.72.70 Effective Date. (Line, word, or inch rate)
Sec.72.30 Prohibited Acts This Ordinance shall be in full force and
(A) It is unlawful for a juvenile under the effect from and after its passage and publica-
age
3.1
of 15 to be present in any public place or tion,according to law. 'law for
0
establishment within the City of Hugo: Whereupon, said Ordinance was declared (Line, word, or inch rate)
(1) any time between 10:00 p.m. on any passed and adopted this 17 day of July 1995.
Sunday, Monday, Tuesday, Wednesday, or Fran Miron,Mayor
Thursday and 5:00 a.m.of the following day. Attest: the S
(2) any time between 11:00 pm on any Mary Ann Creager,City Clerk
Friday or Saturday and 5:00 am on the follow- Published in the White Bear Press August (Line, word, or inch rate)
ing day. 2,1995.
(B)It is unlawful for a juvenile,age 15 or 16