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HomeMy WebLinkAbout657-97 Curfew • 1111111 11111 11111 11111 I1111 11111 11111 11111 1111 1111 ` 97050283 Rept: 151661 Rec: 19.50 ' DS: 0.00 IT: 0.00 ORDINANCE NO.: 657 s 05/06/97 Dpty Clerk AN ORDINANCE OF THE CITY COUNCIL OF THE �-- CITY OF ZEPHYRHILLS,FLORIDA, CREATING A lcum o CURFEW ORDINANCE REGARDING MINORS; � �M PROVIDING FOR APPLICATION TO PERSONS jiwkX.1 UNDER 18 YEARS OF AGE; PROVIDING Nog a DEFINITIONS; PROHIBITING MINORS IN PUBLIC PLACES AND ESTABLISHMENT DURING El CO CERTAIN HOURS; PROVIDING FOR LEGAL DUTY : c OF P EN T: PROVIDING EXEMPTIONS TO las o n CURFEW HOURS; PROVIDING FOR PENALTIES I1'1,14 APPLYING TO` MINORS; . PROVIDING FOR W '� PENALTIES APPLYING TO PARENTS; '� r PROVIDING FOR APPLICABILITY, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY AND AN EFFECTIVE DATE . WHEREAS, children have a very special place in life which law should reflect; and WHEREAS,the protection of children from harm is a matter of compelling governmental interest; and WHEREAS,the Supreme Court of the United States has recognized that the constitutional rights of children cannot be equated with those of adults because of the peculiar vulnerability of children, their inability to make critical decisions in an informed and mature manner, and the importance of the parental role in child rearing; and WHEREAS, a study conducted by the Pasco County Sheriffs Office shows that the number of juvenile victims from incidents reported between 11:00 p.m. and 5:00 a.m. in 1993 was 160 and the number of juvenile victims from incidents reported between 11:00 p.m. and 5:00 a.m. in 1994 was 223,which represents an increase of 39%; and WHEREAS, a study conducted by the Pasco County Sheriffs Office shows that the number of juvenile arrests from incidents reported between 11:00 p.m. and 5:00 a.m. in 1993 was 158 and the number of juvenile arrests from incidents reported between 11:00 p.m.and 5:00 a.m. in 1994 was 188, which represents an increase of 19%; and WHEREAS, a study conducted by the Pasco County Sheriffs Office shows that the number of Field Interview Reports Involving juveniles, documenting brief contacts by deputies between 11:00 p.m. and 5:00 a.m. in 1993 was 621 while the number for juveniles between 11:00 p.m. and 5:00 a.m. in 1994 was 1,49:3, which represents an increase of 140%; WHEREAS, Section 877.20 through 877.25,Florida Statutes, as amended (Local Juvenile Curfew Ordinances),was enacted to protect minors from harm and victimizations, to promote the safety and well-being of minors,to reduce the crime and violence committed by minors,and to provide counties and municipalities with the option of adopting a local Juvenile Curfew Ordinance by incorporating by reference the provisions of Sections 877.20 through 877.25; and Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL 33540. tat OR BK 3738 PG 131 S 2 of 4 WHEREAS, it is the intent of this Ordinance to protect minors in this city from harm and victimization,to promote the safety and well-being of minors in this City, and to reduce the crime and violence committed by minors in this City; and WHEREAS,the interests and general welfare of the residents of the City of Zephyrhills ill be best served by the enactment of this Ordinance;. WHEREAS, the existence of a separate system of juvenile courts distinct from the adult criminal justice system assumes that juvenile offenders constitutionally may be treated differently from adults; and WHEREAS;the'City Council of the City of Zephyhills believes children under the age of eighteen(18)years require adult supervision during late night hours for the protection of the children and to prevent their involvement in criminal activity; and WHEREAS,the City Council of the City of Zephyrhills also finds and believes that parents or guardians of minor children must be responsible for supervising their minor children to prevent the children's involvement in criminal:activity either as victims or perpetrators. NOW THEREFORE, be .itordained by the :City:Council of the City of Zephyrhills, Florida, as follows: SECTION 1. Title: This Ordinance shall be known as and may be cited as the "Juvenile Curfew Ordinance of the City of Zephyrhills." SECTION 2. Whereas Clauses: The whereas clauses set forth above are hereby incorporated and made a part of this Ordinance. �T!��r ri]►r_z, nefi �. n-,s,,-, sedt1 �• the term:. unity_+a'r�:1.•u••' u "[i:;�;::[:3iue:' z� asc:2,in this Ordinance; 1. "Emergency" means an unforeseen combination of circumstances which results in a situation that requires immediate attention to care for or prevent serious bodily injury, loss of life or significant property loss. The term includes,but is not limited to, a fire, a natural disaster, or an automobile accident. 2. "Establishment"means a privately owned place of business to which the public is invited, including, but not limited to, a place of amusement Or a place of entertainment. 3. "Minor"means any"person under-eighteen(18)years of age. 4. "Parent"means a person who has legal custody of a minor as a: a. Natural or adoptive parent. b. Legal guardian. c. Person who stands en loco parentis to the minor. d. Pe_rsijn who has:legal custody`ofthe mmi);ir by order_of the.Court. - 5. "Public Place" means a place to which the public has access, including, but not limited to, streets,highways,public parks, and the common areas of schools,hospitals, apartment houses, office buildings,transportation facilities, and shops. 6. "Remain"means to stay unnecessarily in a particular place. SECTION 4. Minors Prohibited in Public Places: 1(a). A minor may not be or remain in a public place or establishment between the hours • • QR BK 3738 PG 131 E. 3 of 4 of 11:00 p.m., and 5:00 a.m. of the following day, Sunday through Thursday, except in the case of a legal holiday. 1 (b). A minor may not be or remain in a public place or establishment between the hours of 12:01 a.m., and 6:00 a.m., on Saturdays, Sundays, and legal holidays. 2. A minor who has been suspended or expelled from School may not be or remain in a public place,in any establishment,or within 1,000 feet of a school during the hours of 9:00 a.m., to 2:00 p.m., during any school day. 3. A minor who violates this section shall receive a written warning for his first Violation. A minor who violates the section after having received a iirior written warning .s'gUiit}' of a Class IV civil infraction, pursuant to the City of Zephyrhills Uniform Fine Schedule. 4. If a minor violates a curfew and is taken into custody,the minor shall be transported to a police station or to a facility operated by a religious, charitable, or civic organization that conducts a curfew program in cooperation with a local law enforcement agency. After recording pertinent information about the minor, the law enforcement agency shall attempt to contact the parent of the minor and, if successful, shall request that the parent take custody of the minor and shall release the minor to the parent. If the law enforcement agency is not able to contact the minor's parent within two (2) hours after the minor is taken into custody, or if the parent refuses to take custody of the minor, the law enforcement agency may transport the minor to his residence or proceed as authorized under Part 3 of Chapter 39,Florida Statutes. SECTION 5. Legal Duty of Parent: Penal - :katito r that the minor t. The 13ar1 Y1: ofa iiil€ii has a legal arid Yi J�1 J t J ti: iiJ� does not violate Section 4 (1) of this Ordinance. 2. The parent of a minor has a legal duty and responsibility to personally supervise, or arrange for a responsible adult to supervise the minor, so that the minor does not violate Section 4 (2) of this Ordinance. _ 3. The parent of a minor who knowingly permits the miuor to violate this:Ordinance shall receive a written warning for a first violation. A parent who knowingly permits the minor to violate Section 4 of this Ordinance after having received a prior written warning-is gguilty of a Class IV civil infraction, pursuant to the City of Zephyrhills Uniform Fine Schedule. SECTION 6. Exemptions: The provisions of Section 4 above•dpes not apply to a minor who is: 1. Accompanied by his parent or by another adult author ed by the minor's parent to have custody of the minor.. .. - • 2. Involved in an emergency or engaged, with his parent's permission, ii,i an erne ericy errand. - 3. Attending or traveling directly to or from an activity that invo`1ves`rthe exercise of rights protected under the First Amendment of the United States Constitution. 4. Going directly to or returning directly from lawful employment,or who is in a public place or establishment in connection with, or as required by a business, trade, profession, or ' OR BK a?3 8 PG 1317 4of4 occupation in which the minor is lawfully engaged. 5. Returning directly home from a school sponsored function, a religious' function, or a function sponsored by a civic association. 6. On the property of,or on the sidewalk of,the place where he resides,or who is on the property or sidewalk of an adult next-door neighbor with that neighbor's permission. 7. Engaged in interstate or travel or bonafide intrastate travel with the consent of the minor's parent. 8. Attending an organized event held at and sponsored by a theme park or entertainment complex as defined in Section 509.013 (9), Florida Statutes: ` - SECTION 7. Applicability: The provisions of this Ordinance shall be applicable in the incorporated areas of the City of Zephyrhills Florida. SECTION 8. Repeal of Laws in Conflict: This Ordinance repeals Ordinance No.: 43. SECTION 9. Severability: If any section, paragraph, sentence, clause,phrase, or word of this Ordinance is for any reason held by a coni t to be unconstitutionally inoperative or void, sthch holding shall not affect the remainder of the Ordinance. SECTION 10. Inclusion in the Code of Laws and Ordinances: The provisions of this Ordinance shall become and made a part of the Code of Laws and Ordinances of the City of Zephyrhills, Florida. The sections of this Ordinance may be re-numbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate ward. SECTION 11. Effective Date: The provision of this Ordinance shall become effective upon second reading and signing by the Mayor. The fore oing Ordinance No.: GS was read and passed on its first reading in open and regular meetf�t b the'eiyty Council of the City of Zephyr ills, Florida, on this /' day of �-. e___ e. A.D., 1997. / 7 ' ..A-LAN L :RE,"IA S1. President of ity Council Attest:c%.... L e. !` 1/ _ Ci y Clerk, T INDA�`OBOAN (-- ci' '`. The©fpreigbi 9rdinance No.: (e.S1 was read and passed on its second reading in open and regular, eeting by the'i;.ity Council' of the City of Zephyrhills, Florida, on this G day of r _,A.D., 1997. ///, - --`_- - x ✓ President City Council b ,r . ( Jfi Attest`� u/ 1 eityn lerk,L1I i�D. BOAN tiATV. The foregoing Ordinance No.: 6S7 was appro � -a by me this lday of A.D., 1997. . or__,,,,,.., ,4,... A_ _ JA`'.ESA. BAIL Y, Mayor i