TOPIC:                     REGULATED CONDUCT

SUBJECT:                  YOUTH PROTECTION ORDINANCE

KEY WORDS:             CURFEW, MINORS

CODE:                         ORD  V-6

AGENCIES:               

STATUTES:               

DATES:                       02/14/95, 06/12/94

 

ELEMENTS:         SECTION 1. An ordinance creating a Youth Protection Ordinance Imposing Certain Restrictions upon Minors in the City of Lynn between the Hours of 12:01 a.m. and 6:00 a.m. is hereby established , and said ordinance shall provide as follows.

1.1    Purpose.  The Youth Protection Ordinance is intended to promote parental control and responsibility for their minor children and protect juveniles form victimization and exposure to criminal activity.

1.2    Definitions.

A)  Chief of Police means the Chief of Police of the City of Lynn or a designated representative.

B)   City Solicitor means the City Solicitor of the City of Lynn or a designated representative.

C)  Restricted hours means 12:01 a.m. until 6:00 a.m. or any day.

D)  Direct Route means the shortest reasonable path of travel to reach a final destination without any detour or stop along the way.

E)   Emergency means a fire, a natural disaster, an automobile accident, or any unforeseen situation requiring immediate action to prevent or care for a serious bodily injury or loss of life.

F)   Establishment means any place of business to which the public is invited, including but not limited to, any place of amusement or entertainment.

G)  Holding Location means a place designated by the Chief of Police to which a minor taken into custody for a violation of this ordinance may be delivered to await pickup by a parent or juvenile authorities.

H)  Minor or Juvenile means any person under the age of 18.

I)     Operation means any individual, firm, association, partnership, or corporation operating, managing, or conducting business within any establishment, or employee thereof.

J)     Parent means a person who is a natural, adoptive, or foster parent of another person; or a court-appointed guardian of another person.

K)  Public Place means any street, alley, highway, parking lot, sidewalk, playground, park, plaza, building or other property owned or controlled by a government entity.

SECTION 2.  VIOLATION

2.1    Except provided in Section 3, a minor shall not enter or remain in any public place during the restricted hours.

2.2    The owner, operator or employee of an establishment shall not allow any person to enter or remain on the premises of the establishment during the restricted hours unless person has:

(a)    proper identification demonstrating that such person is 18 years of age or older.

(b)    Can demonstrate that such person is otherwise exempt from this ordinance.

(c)    All business opened after 12:00 a.m. shall be required to post notice of curfew.

       SECTION 3.  EXCEPTIONS AND DEFENSE

        3.1 It shall not be a violation of Section 2, 
                           if the minor is:

(a)    accompanied by the minorís parents

(b)    engaged in an employment activity, or using a direct route to or from a place or employment;

(c)    reacting or responding to an emergency;

(d)    attending or traveling to or from, by direct route, and official, school, religious, or recreational activity, that is supervised by adults and is sponsored by a governmental entity, civil or religious organization or other similar entity that accepts responsibility for the juvenile as an invitee;

(e)    in a motor vehicle involved in interstate travel;

(f)      on the sidewalk abutting the minorís residence or abutting the residence or a next door neighbor if the neighbor if the neighbor did not complain to the police department about the minorís presence;

(g)    exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly;

(h)    married or had been married.

3.2    It shall be a defense to prosecution under Section 2.2(b) the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during the restricted hours and that such minor refused to leave.

SECTION 4.  ENFORCEMENT

4.1    A law enforcement officer, upon finding a minor in violation of this ordinance, shall:

(a)    order the minor to leave the restricted area for the remainder of the restricted hours; or

(b)    take the minor into protective custody if the officer has reasonable grounds to believe that the minor has been abandoned or neglected, or is immediate danger form his surroundings and that his removal is necessary for his own protection; or

(c)    issue a trespass warning of a specified duration.

4.2    When the minor is taken into custody under subsection 4.1(b), by a law enforcement officer, he shall deliver the minor to a holding location or other facility provided for by the City of Lynn.

4.3    The Chief of Police and his officers, agents, and designees are hereby granted the authority to issue trespass warnings in any public place within the City of Lynn, for the purpose of enforcing this ordinance.

 

PENALTIES:        FINE Ė Violation of Section 2 by an owner, operator, 
                                 or employee of an establishment - $300 per 
                                                   violation

City Solicitor can contact appropriate state agency and request    investigation if minor has three of more violations           

 

NOTE:                City Solicitor to review the ordinance after six months under defined criteria.