§ 82-1. Purpose.

This chapter is enacted to ensure the safety of our youths in public places in the late evening hours and early morning hours and to further provide accountability of the youths and their parent(s) for the youth activities in our community. Minn. Stat. § 412.221, Subd. 32, provides that the City Council shall have power to provide for the government and good order of the City, the suppression of vice and immorality, the prevention of crime, the protection of public and private property, the benefit of residence, trade and commerce, and the promotion of health, safety, order, convenience and the general welfare by such ordinances not inconsistent with the Constitution and laws of the United States or of this state as it shall deem expedient.

§ 82-2. Title.

This chapter shall be known and may be cited and referred to as the "Kellogg City Curfew Ordinance."

§ 82-3. Jurisdiction.

The jurisdiction of this chapter shall be City wide, including incorporated areas.

§ 82-4. Interpretation.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the protection of the public safety and general welfare.

§ 82-5. Definitions and word usage.

A. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

MINOR

Any individual who is under the age of 17 and has not been declared by a court of competent jurisdiction as being emancipated.

PARENT

Any individual who is 18 or older and is the birth or adoptive parent of the minor, or who has the legal custody of the minor as established by order of a court of competent jurisdiction. This definition excludes individuals who are providing foster care as it is defined in Minn.Stat. § 260B.007, Subd. 7.

B. Unless specifically defined herein, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application. Words used in the present tense shall include the future; words in the singular shall include the plural; and the words "shall" and "must" are mandatory and not discretionary.

§ 82-6. Curfew imposed; exceptions.

A. Curfew hours and locations. It shall be unlawful for any minor who is unaccompanied by a parent or accompanied by an adult who does not have permission of the parent to be with the minor, to be present upon any public street, avenue, alley, park, playground or place open to the public, or place of amusement and entertainment, vacant lot or other unsupervised place in the City during the following hours:

(1) If the minor is under the age of 16: between the hours of 10:00 p.m. of any day and 5:00 a.m. of the following day.

(2) If the minor is 16: between the hours of 12:00 a.m. and 5:00 a.m. of any day.

B. Exceptions. A minor engaged in the following activities is not subject to the provisions of this chapter:

(1) In a motor vehicle involved in interstate travel.

(2) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop.

(3) Involved in an emergency.

(4) Attendance at an official school, religious or other recreational activity supervised by adults and sponsored by the City of Kellogg, a civic organization, a local nonprofit or another similar entity that takes responsibility for the minor, and travel to and returning home from the qualifying activity, without detour or stop.

§ 82-7. Violations and penalties.

A. A person under the age of 17 may be charged with a misdemeanor under this chapter.

B. Any parent whose minor violates this provision shall be notified of all offenses at the address given by the minor or the last known address. Service by first class mail to the last known address or the address given by the minor shall be deemed notice to such parent. The parent shall be notified that if the minor incurs three or more curfew violations, then the parent shall be held subject to the penalties set forth in Chapter 1, Article III, General Penalty.

C. A parent of a person under the age of 17 (minor) may be charged with a misdemeanor under this chapter.