97-013 ORD - Laserfiche WebLink

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ORDINANCE 97-13 AN ORDINANCE OF THE CITY OF ELK RIVER AN ORDINANCE AMENDING CHAPTER IV OF THE CITY CODE ~PENAL REGULATIONS,, BY REPEALING SECTION 400, ~CURFEW" AND ENACTING A NEW SECTION 400 IN LIEU THEREOF RELATING TO THE SAME SUBJECT ENTITLED ~CURFEW" Section 1. Section 400 of the City of Elk River Code of Ordinances "Curfew" is hereby repealed and one new section adopted in lieu thereof, which shall read as follows: SECTION 400- CURFEW 400.00 - Definition~ MINOR: means any individual who is under the age of 18 and has not been declared by a court of competent jurisdiction as being emancipated. ~ARENT: means any individual who is over the age of 18 and is the birth or adoptive parent of the minor, or who has the legal custody of a 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 Minnesota Statute 260.015, subd. 7. 400.02 - Curfew for Minors 1. It shall be unlawful for any minor who is unaccompanied by a parent, or an adult who does not have the 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: A. Under the Age of Sixteen (16) - If the minor is under the age of sixteen (16), between the hours of 10:00 p.m. of any day and 5:00 a.m. of the following day; B. Under the Age of Eighteen (18) - If the minor is under the age of eighteen (18), but over the age of fifteen (15), between the hours of 12:00 a.m. of any day and 5:00 a.m. of the following day. 2. Organized Activity or Employment - It shall be an affirmative defense to a prosecution under this ordinance if, at the time of the curfew violation, the minor is involved with an organized school or church activity or is in the employ of a business.