§ 38-7. Curfew for minors.

(a)

Definitions. The following terms, phrases, words, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

Custodian means any person other than a parent, who has legal guardianship or custody of a minor.

Minor means any person under the age of 18.

Parent means the natural or adoptive parent of a minor.

Public place means any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public.

(b)

Curfew for minors. It shall be unlawful for any minor to remain idle, wander, stroll or play in any public place either on foot or to cruise about without a set destination in any vehicle in or upon any public place in the city between the hours of 11:00 p.m. and 5:00 a.m., Sunday through Thursday, with the exception of legal holidays, and between the hours of 12:00 a.m. and 6:00 a.m., Friday through Saturday, and legal holidays, unless accompanied by a parent, guardian, custodian, or other adult person having custody or control of such minor or unless the minor is on an emergency errand or specific business or activity directed or permitted by his/her parent, guardian or other adult having the care and custody of the minor or where the presence of such minor is connected with or required by some legitimate and lawful employment, trade, profession or occupation.

(c)

Parent's responsibility. It shall be unlawful for the parent, guardian or other adult person having custody or control of any minor under the age of 18 to suffer or permit or by inefficient control to allow such person to be on the streets or sidewalks or on or in any public property or public place within the city between the hours heretofore mentioned in subsection (b) of this section. However, the provisions of this section do not apply to a minor accompanied by his parent, guardian, custodian or other adult person having the care, custody or control of the minor, or if the minor is on an emergency errand or specific business or activity directed by his parent, guardian, custodian or other adult having the care and custody of the minor or if the parent, guardian or other adult person has made a missing person notification to a law enforcement agency.

(d)

Special functions. Any minor attending a special function or entertainment of any church, school, club or other lawful organization that requires such minor to be out at a later hour than that called for in subsection (b) of this section shall be exempt from the provisions of this division; provided, however, the sheriff or his designee may verify such special function or entertainment with the minor's parent or by contact with such church, school, club or other organization.

(e)

Procedures. Any deputy sheriff, upon finding a minor in violation of this division, shall ascertain the name and address of such minor and warn the minor that he is in violation of curfew and shall direct the minor to proceed at once to his home or usual place of abode. The deputy sheriff shall report such action to the sheriff's department which, in turn, shall notify the parents, guardian, or person having custody or control of such minor.

(f)

Penalties. Any minor violating the provisions of this division shall be dealt with in accordance with the state juvenile law and procedure. Any parent, guardian, or other adult person having the care and custody of a minor violating this division shall, after having been previously notified under this division, be fined $50.00 for the offense, by means of a civil infraction issued by the sheriff's department.

(g)

Severability. It is the declared intent of the Lake Butler City Commission that, if any section, sentence, clause, phrase, or provision of this ordinance is for any reason held or declared to be unconstitutional, void, or inoperative by a court of agency of competent jurisdiction, such holding of invalidity or unconstitutionality shall not affect the remaining provisions of this division, and the remainder of this ordinance after the exclusion of such part or parts shall be deemed to be valid.

(Ord. No. 2009-02, §§ 1—7, 4-13-2009)