HomeMy WebLinkAbout2002-07 Replacting Section 1060 With New Section 1061 EDINA ORDINANCE NO. 2002-7
A Ordinance Replacing Section 1060 - Curfew for Minors; Responsibility with a New
Section 1061 - Juvenile Curfew
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. Section 1060 of the Edina City Code is hereby repealed in its entirety.
Section 2. The City Code is amended by adding a new Section 1061 as follows:
"Section 1061 - Juvenile Curfew
1061.01 Findings and Purpose. The City Council finds that in recent years, there has
been a significant increase in juvenile victimization and crime. At the same
time, the crimes committed by and against juveniles have become more
violent. A significant percentage of juvenile crime occurs during curfew
hours. Because of their lack of maturity and experience, juveniles are
particularly susceptible to becoming victims of older perpetrators. The
younger a person is, the more likely he or she is to be a victim of crime.
While parents have the primary responsibility to provide for the safety and
welfare of juveniles, the City also has a substantial interest in the safety and
welfare of juveniles. Moreover, the City has an interest in preventing juvenile
crime, promoting parental supervision, and providing for the well being of the
general public. A city-wide curfew will reduce juvenile victimization and
crime and will advance public safety, health, and general welfare.
1061.02 Definitions. Unless otherwise stated, or unless the context clearly indicates a
different meaning, the words or phrases in the following list of definitions
shall, for the purposes of this Section, have the meanings indicated:
Juvenile. A person under the age of eighteen (18). The term does not include
persons under 18 who are married or have been legally emancipated.
Parent. Birth parents, adoptive parents, and stepparents.
Guardian. An adult appointed pursuant to Minn. Stat. §525.6155 or
§525.6165 who has the powers and responsibilities of a parent as defined by
Minn. Stat. §525.619.
Responsible adult. A person eighteen (18) years or older specifically
authorized by law or by a parent or guardian to have custody and control of a
juvenile.
Public Place. Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways, and the
common areas of schools, hospitals, apartment houses, office buildings,
transport facilities, and shops.
Emergency. A circumstance or combination of circumstances requiring
immediate action to prevent property damage, serious bodily injury or loss of
life.
Serious bodily injury. Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement, or protracted loss of
impairment of the function of any body part or organ.
Establishment. Any privately-owned place of business to which the public is
invited, including but not limited to any place of amusement, entertainment, or
refreshment.
Proprietor. Any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment. The term includes the
members or partners of an association or partnership and the officers of a
corporation.
1061.03 Prohibited Acts
A. It is unlawful for a juvenile under the age of 12 to be present in any public
place or establishment within the City:
1. Any time between 9:00 p.m. on any Sunday, Monday, Tuesday,
Wednesday, or Thursday and 5:00 a.m. of the following day.
2. Any time between 10:00 p.m. on any Friday or Saturday and 5:00
a.m. on the following day.
B. It is unlawful for a juvenile, age 12 to 14, to be present in any public place
or establishment within the City:
1 .Any time between 10:00 p.m. on any Sunday, Monday, Tuesday,
Wednesday, or Thursday and 5:00 a.m. of the following day.
2.Any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m.
on the following day
C. It is unlawful for a juvenile, age 15 to 17, to be present in any public place
or establishment within the City:
1 .Any time between 11:00 p.m. on any Sunday, Monday, Tuesday,
Wednesday, or Thursday and 5:00 a.m. of the following day.
2.Any time between 12:01 a.m. and 5:00 a.m. on any Saturday or
Sunday.
D. It is unlawful for a parent or guardian of a juvenile knowingly, or through
negligent supervision, to permit the juvenile to be in any public place or
establishment within the City during the hours prohibited in paragraphs A,
B and C of this subsection.
E. It is unlawful for a proprietor of an establishment within the City to
knowingly permit a juvenile to remain in the establishment or on the
establishment's property during the hours prohibited in paragraphs A, B
and C of this subsection. If the proprietor is not present at the time of the
curfew violation, the responding officer shall leave written notice of the
violation with an employee of the establishment. A copy of the written
notice shall be served upon the establishment's proprietor personally or by
certified mail.
1061.04 Defenses
A. It is an affirmative defense for a juvenile to prove that:
1 .The juvenile was accompanied by his or her parent, guardian, or other
responsible adult.
2.The juvenile was engaged in a lawful employment activity or was going
to or returning home from his or her place of employment.
3.The juvenile was involved in an emergency situation.
4.The juvenile was going to, attending, or returning home from an official
school, religious, or other recreational activity sponsored and/or
supervised by a public entity or a civic organization.
5.The juvenile was on an errand at the direction of a parent or guardian.
6.The juvenile was exercising First Amendment rights protected by the
United States Constitution or Article I of the Constitution of the State of
Minnesota.
7.The juvenile was engaged in interstate travel.
8.The juvenile was on the public right-of-way boulevard or sidewalk
abutting the property containing the juvenile's residence or abutting the
neighboring property, structure, or residence.
B. It is an affirmative defense for a proprietor of an establishment to prove
that:
1. The proprietor or employee reasonably and in good faith relied upon a
juvenile's representations of proof of age. Proof of age may be
established pursuant to Minn. Stat. §340A.503, subd. 6, or other
verifiable means, including, but not limited to, school identification
cards and birth certificates.
2. The proprietor or employee promptly notified the responsible police
agency that a juvenile was present on the premises of the establishment
during curfew hours.
1061.05 Penalty
A. Violation of paragraphs A, B or C of Subsection 861.03 will be prosecuted
pursuant to Minn. Stat. §26013.235 and will be subject to the penalties
therein.
B. Violation of paragraphs D or E Subsection 861.03 is a misdemeanor and
will be subject to the penalty set forth in Minn. Stat. §609.03."
Section 3. This ordinance shall be in full force and effect upon passage and publication.
Adopted this 17' day of September, 2002.
First Reading: September 17, 2002
Second Reading: Waived
Published: September 26, 2002
Attest �J��-cam•�--4
ity Clerk Mayor.
City of Edina
(Official Publication)
EDINA ORDINANCE NO.2002-7
A Ordinance Replacing Section 1060-Curfew for
Minors;Responsibility with a New Section 1061-
Juvenile Curfew
THE CITY COUNCIL OF THE CITY OF EDINA OR-
DAINS:
newspapers Section 1. Section 1060 of the Edina City Code is hereby
w V`' /� w' repealed in its entirety.
AFFIDAVIT OrC ����'�AT�ON Section 2. The City Code is amended by adding a new
Section 1061 as follows:
STATE OF MINNESOTA)
� "Section 1061-Juvenile Curfew
ss. 1061.01 Findings and Purpose. The City Council finds
that in recent years,there has been a significant increase 1
in juvenile victimization and crime.At the same time,the
COUNTY OF HENNEPIN) I crimes committed by and against juveniles have become
more violent.A significant percentage of juvenile crime oc-
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief curs during curfew hours. Because of their lack of maturi-
ty and experielice,juveniles are particularly susceptible to
becr a per-
Financial Officer of the newspaper known as Sun-Current and has full son is,thvictims e likely
he or petratto be a victimhe of
son is,the more likely he or she is to be a victim of crime.
While parents have the primary responsibility to provide
for the safety and welfare of juveniles,the City also has a
knowledge of the facts stated below: substantial interest in the safety and welfare of juveniles.
Moreover,the City has an interest in preventing juvenile
(A) The newspaper has complied with all of the requirements constituting qualification as a I crime,promoting parental supervision,and providing for
the well being of the general public.A city-wide curfew will
qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable Ireduce juvenile victimization and crime and will advance
public safety,health,and general welfare. �
1061.02 Definitions.Unless otherwise stated,or unless the
laws, as amended. context clearly indicates a different meaning,the words or
phrases in the following list of definitions shall,for the put-
(13)The printed public notice that is attached was published in the newspaper once each week, poses of this Section,have the meanings indicated:
for one successive weeks; it was first published on Thursday, the 26 da of
Juvenile. A person under the age ofeighteen(181.The
P y+ y ( term does not include persons under 18 who are married
September , 2002, and was thereafter printed and published on every Thursday to and or have been legally emancipated. i
Parent. Birth parents,adoptive parents, and steppar-
ents.
including Thursday,the day of 2002;and printed below is a copy of the
Guardian.An adult appointed pursuant to Minn.Stat.
lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the §525.6155 or§525.6165 who has the powers and responsi-
bilities of a parent as defined by Minn.Stat.§525.619.
size and kind of type used in the composition and the notice: Responsible adult.A person eighteen(18)years or older
specifically authorized by law or by a parent or guardian
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to have custody and control of a juvenile.
Public Place. Any place to which the public or a sub-
stantial group of the public has access and includes,but is
BY' not limited to,streets,highways,and the common areas of
schools,hospitals, apartment houses, office buildings,
CFO transport facilities,and shops.
Emergency.A circumstance or combination of circum-
stances requiring immediate action to prevent property
damage,serious bodily injury or loss of life.
Subscribed and sworn t or affirm d before me Serious bodily injury. Bodily injury that creates a sub-
stantial risk of death or that causes death,serious perma-
nent disfigurement,or protracted loss of impairment ofthe
on this��day of 2002.r� ! function of any body part or organ.
Establishment.Any privately-owned place of business to
which the public is invited,including but not limited to any
CLplace of amusement,entertainment,or refreshment.
Proprietor. Any individual,firm,association,partner-
Ot ry PI�II�. `f" ^ ' " /'✓+��Vr"✓/JVv1OVv. ship,or corporation operating,managing,or conducting
S any establishment. The term includes the members or
MERIDEL M.H110BLOM partners of an association or partnership and the officers
w NOTARY Pl1BLIC-MINNESOTA i of a corporation.
1dy COMMtSS10N EXPIRES 1-31.2005
1061.03 Prohibited Acts
e A.It is unlawful fora juvenile under the age of 12 to be pre-
sent in any public place or establishment within the City:
RATE INFORMATION 1.Anv time between 9:00 p.m.on any Sunday,Monday
Tuesday.Wednesday,or Thursday and 5:00 a.m.of the fol-
lowing day.
(1) Lowest classified rate paid by commercial users $ 2.85 per line 2.Any time between 10:00 p.m.on any Friday or Saturday
for comparable space and 5:00 a.m.on the following day.
B.It is unlawful for a juvenile,age 12 to 14,to be present j
in any public place or establishment within the City:
(2) Maximum rate allowed by law $ 6.20 per line
L Any time between 10:00 p.m.on any Sunday,Monday,
Tuesday,Wednesday,or Thursday and 5:00 a.m.of the fol-
(3) Rate actually charged $ 1.40 per line lowing day.
Anytime between 11:00 p.m.on any Friday or Saturday
and 5:00 a.m.on the following day
i C.It is unlawful for a juvenile,age 15 to 17,to be present
in any public place or establishment within the City:
1.Any time between 11:00 p.m.on any Sunday,Monday,
Tuesday,Wednesday,or Thursday and 5:00 a.m.of the fol-
lowing day.
2.Any time between 12:01 a.m.and 5:00 a.m.on any Sat-
urday or Sunday.
D.It is unlawful for a parent or guardian of a juvenile
knowingly,or through negligent supervision,to permit the
juvenile to be in any public place or establishment within
the City during the hours prohibited in paragraphs A,B
and C of this subsection.
—-—Yw—wu'giypermitaJuvenuetoremam inthe
establishment or on the establishment's property during
the hours prohibited in paragraphs A,B and C of this sub-
section.If the proprietor is not present at the time of the
curfew violation,the responding officer shall leave written
notice of the violation with an employee of the establish-
ment.A copy of the written notice shall be served upon the
establishment's proprietor personally or by certified mail.
1061.04 Defenses
A.It is an affirmative defense for a juvenile to prove that:
1. The juvenile was accompanied by his or her parent,
guardian,or other responsible adult.
2.The juvenile was engaged in a lawful employment ac-
tivity or was going to or returning home from his or her
place of employment.
3.The juvenile was involved in an emergenev situation.
J 4.The juvenile was going to,attending,or returning home
ifrom an official school,religious,or other recreational ac-
tivity sponsored and/or supervised b v a public entity or a
civic organization.
5.Thejuvenile was on an errand at the direction of a par-
ent or guardian.
6.The juvenile was exercising First Amendment rights
protected by the united States Constitution or Article I of
the Constitution of the State of iNlinne.o a.
7.'she juvenile was engaged in interstate travel.
N.1'hejuvenilewas on the public right-of=vav boulevard or
-ide%calk abutting the property containing the,juvcnile'a
residence or aouttmq the nei,,nboring pioperty.su acture,
or residence.
B.It is an of'finnative defense for a proprietor of an estab-
lisiunent to prove that:
1.The proprietor or empiocec reasonably and in good faith
relied upon a juvenile's representations of proof of age.
Proof of age may be established pursuant to Minn.Stat.
I §340A.503,subd.6.or other verifiable means,including,
but not limited to,school identification cards and birth cer-
tificates.
2.The proprietor or employee promptly notified the re-
sponsible police agency that a juvenile was present on the
premises of the establishment during curfew hours.
1061.05 Penalty
A.Violation of paragraphs A,B or C of Subsection 561.03
will be prosecuted pursuant to Minn.Stat.§26013.235 and
will be subject to the penalties therein.
B.Violation of paragraphs D or E Subsection 861.03 is a
misdemeanor and will be subject to the penalty set forth
in Minn.Stat.§609.03."
Section 3. This ordinance shall be in full force and effect j
upon passage and publication.
Adopted this 17th day of September,2002. i
First Reading: September 17,2002
Second Reading: Waived
Published: September 26,2002
Attest
Debra A.Mangen
City Clerk
Dennis F.Maetzold
Mayor
(Sept 26,2002)Dl/Ord 2002-7