HomeMy WebLinkAbout0031 Curfew and Enticing Minors 1955ORDINANCE NO. 01
AN ORDINANCE REGULATING THE PRESENCE OF MINORS UNDER THE AGE OF 16 YEARS IN
PUBLIC STREETS AND OTHER PLACES BETWEEN CERTAIN? HOURS; DEFINING DUTIES OF
PARENTS OR OTHERS IN CARE OF MITNOR3; PROVIDING FOR AR EST AND PEANL•TIES FOR
VIOLATIONS THEREOF; REPEALING ORDINANCES IN CONFLICT THERE?IITH; AND DECLARI:
AN EMERGENCY.
WHEREAS, the Board of Trustees of the Village of Chubbuck finds:
That numerous minors of the age of 119 and under have been frequenting the
public streets and streets, alleys and other places within the Village of Chub-
buck during and after the hours of darkness and because of the said loitering
of the minors in the streets, alleys and public places in the presence of nu-
merous strangers and transients; transportation irregularities; and the increase
consumption of alcohol by said minors and there.being a substantial increase in
the number of public offenses committed by juvenile delinquents; and,
WHEREAS, due to these conditions now prevailing juvenile criminal delin-
quency has so increased in the Village of Chubbuck as to become a menace to the
preservation of public peace, safety, health, morals and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF T9E VILLAGE OF
CHUBBUCK:
SECTION (A) "Loitering of Minors Prohibited." It shall be unlawful
for any minor under the age of 16 years to loiter, idle, wander, stroll, or
in or upon the public streets, highways, roads, a..l l eys, parks, playgrounds, or
other public grounds, public places and public buildings, places of amusement
and entertainment, vacant lots or other unsupervised places, between the hours
of 9:30 P. M. and 5 :00 A. M. of the next day from the lst day of October of eacY
year to the lst day of April following, and between 10:30 o'clock P. M. and
5:00 o'clock A. M. of the next day from the lst day of April until the lst day
of October in each year except by written consent of the parent, guardian or
other person having control of such minor or except such minor be attended by sc
relative, guardian or some person over 21 years of age by the permission of one
authorized to give permission providing, however, these provisions shall not be-
applicable to any such minor who is in the performance of any errand or duty
directed by his or her parent, guardian or other adult person having control of
such minor or to one who is actually at the time engaged in legitimate employ-
ment for profit. Any minor found upon the streets, alleys or public places afte
the hour herein designated shall exhibit to any police officer demanding the
same such written permit unless properly attended as in this section provided.
Each violation of the provisions of this Section shall constitute a separal
offense.
(B) "Responsibility of Parents." It shall be unlawful for the parent,
guardian, or other adult person having the care and custody of a minor under th
age of IS years to knowingly permit such minor to loiter, idle, wander, stroll,
or play in or upon the public streets, highways, roads, alleyes, parks, play-
grounds, public places and public buildings, places of amusement and entertain-
ment, vacant lots or other unsupervised places, between the hours of 9:30 P. M.
and 5:00 A. M. of the following day, official city time; from the lst day of
October to the lst day of April and between the hours of 10 :30 o'clock P. M.
and 5:00 o'clock A. M. of the following day, official city time from the lst
day of April to the lst day of October; PROVIDED, HOWEVER, that the provisions
of this Section do not apply when the minor is accompanied by his or her parent,
guardian, or other adult person having the care and custody of the minor, or
where the minor is upon an emergency errand or legitimate business directed by
his or her parent, guardian, or other adult person having the care and custody
of the minor.
Each violation of the provisions of this Section shall constitute a
separate offense.
(C) "Enticing Ydnors From Parents Or Guardians Prohibited." It shall be
unlawful for any person by the doing of any act or the exercise of any influen
or otherwise to entice or persuade any minor, male or female, under the age of
18 ,years from his or her parent or parents, guardian or other person having
charge of custody of such minor without the consent of such parent or parents,
guardian or custodian.
(D) "Penalties.'" Any minor violating the provisions of this Section
be dealt with in accordance with Juvenile Court law and procedure. Any parent,
guardian, or other adult person having the care and custody of a minor violatir.
this Section shall be fined not less than $25.00, nor more than $100.00, or cor.
in jail not more than 30 days or punished by both said fine and imprisonment fc
each offense.
(E) "Repeal of Conflicting Ordinances." All existing ordinances of the
Village of Chubbuck are hereby repealed insofar as they may be inconsistent wi
the provisions of this ordinance.
(F) "Separability of Provisions.'" It is the intention of the Board of
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Trustees of, the Village of Chubbuck that each separate provision of this ordinar ce
shall be deemed independent of all other provisions herein and it is further th
intention of the Board of Trustees that if any provisions of this ordinance be
declared invalid, all other provisions thereof shall remain valid and enforceable.
(G) "Finding of Emergency." This ordinance is passed as an emergency mea-
sure., and the Board of Trustees of the Village of Chubbuck and the Board does b.y
the vote by which this ordinance is passed hereby declare that an emergency exists
which makes it imperative that this ordinance shall become effective forthwith,i
the nature of said emergency being as follows: The increasing number of occur-
rences involving juvenile delinquents at and between the hours of 9 :30 P. 14-
and 5:00 A. M. of the day following during the months of October lst to April
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lst, and between the hours of 10:30 P. M. and 5 :00 A. M. of the following day f
from April lst to October lst, so that it is necessary to preserve the public
peace, safety, health, morals and welfare by restricting the presence of minors
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in the streets and other public places for the purpose of curtailing jurvenile
delinquency by making this ordinance effective immediately.
� Adopted this /oldday of April, 1955.
BOARD OF TRUSTEES OF THE VILLAGE OF CHUBBUCK
Jo n Valenty, Chairman o the Board of
T stees of the Village of Chubbuck
I ATTEST:
C. VITtTER, Clerk, Board of Trustees
of the Village of Chubbuck