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NIGHTTIME LOITERING BY JUVENILES
Sections:
9.51.010 Findings of fact.
9.51.020 Definitions.
9.51.030 Juvenile nighttime loitering.
9.51.040 Parental responsibility for juvenile nighttime loitering.
9.51.010 Findings of fact.
The City Council finds:
A. Juveniles congregating in the city on public streets and public places in
the late evening and early morning hours have caused general disturbances to
residents, disorderly assemblies, fights, and have been involved in an excessive
number of other criminal activities such as drug and alcohol related crimes,
thefts, violent crimes against persons, and property crimes.
B. Juveniles loitering in public during the nighttime hours are frequently the
victims of criminal activity perpetrated by both juveniles and adults.
C. Special regulation of juveniles is necessary to protect juveniles from each
other and from other persons in public during nighttime hours, to aid in crime
prevention, to promote parental supervision and authority over juveniles, to
assist parents to assert control and responsibility over their children, to
decrease nighttime juvenile criminal activity, and to protect the public from
nighttime criminal activities by juveniles. (Ord. O-93-53 § 1 (part), 1993).
9.51.020 Definitions.
For the purposes of this chapter, the words and phrases used herein, unless
the context otherwise indicates, shall have the following meaning:
"Loiter" or "loitering" means to remain idle in essentially
one location, to be dilatory, to tarry, to dawdle, whether in or out of a motor
vehicle, and shall include but not be limited to standing around, hanging out,
sitting, kneeling, sauntering, or prowling.
"Permit or allow" means to consent, to tolerate, to give permission,
to authorize, or to give opportunity. (Ord. O-93-53 § 1 (part), 1993).
9.51.030 Juvenile nighttime loitering.
It is unlawful for any person under the age of eighteen years to loiter on or
about any street, avenue, highway, road, sidewalk, curb, gutter, parking lot,
alley, vacant lot, park, playground, yard, building, place of amusement, or
eating place, whether public or private, without the consent or permission of
the owner or occupant thereof, between the hours of eleven p.m. on any day and
six a.m. of the following day; provided, however; that on Saturday and Sunday
the effective hours of this prohibition are between twelve a.m. and six a.m.
of the same day. No violation of this provision will have occurred if the person
under the age of eighteen years is accompanied by a parent, guardian, or other
adult person over the age of twenty-one years who is authorized by a parent
or guardian of such juvenile to take said parent's or guardian's place in accompanying
said juvenile for a designated period of time and purpose within a specified
area. (Ord. O-93-53 § 1 (part), 1993).
9.51.040 Parental responsibility for juvenile nighttime
loitering.
It is unlawful for the parent, guardian, or other adult person having the care
and custody of a juvenile under the age of eighteen years to knowingly permit
or allow such juvenile to loiter at the places and within the time prohibited
by Section 9.51.030 of this chapter. The term "knowingly" includes
knowledge which a parent should be reasonably expected to have concerning the
whereabouts of a juvenile in that parent's or guardian's custody. It shall be
no defense that a parent, guardian, or other person having the care and custody
of the juvenile was indifferent to the activities, conduct or whereabouts of
such juvenile. No violation of this provision will have occurred if the responsible
adult has made a missing person notification to his local police department
prior to the juvenile's violation of Section 9.51.030 of this chapter. (Ord.
O-93-53 § 1 (part), 1993).
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