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| Chapter Five, Minors ... | |
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| 6-5-1: CURFEW: | 6-5-2: RUNAWAYS: |
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6-5-1: CURFEW: A. It is unlawful for any minor under the age of eighteen (18) years to go or to remain upon any pedestrian or vehicular thoroughfare, public place or other premises open to the public, or to operate or to ride in a vehicle at any such location, between the hours of eleven o'clock (11:00) P.M. and five o'clock (5:00) A.M. B. This prohibition shall not apply to the following: 1. A minor accompanied by his or her parent, guardian or other adult person having care and custody of said minor; 2. A minor upon an emergency errand or legitimate business directed or authorized by his or her parent, guardian or other adult person having the care and custody of said minor; 3. A minor participating in a lawful youth group activity, school or church function or at another place duly approved in advance by the Mayor and City Council as a proper youth function, he or she shall have up to one hour after the same officially terminates or closes in which to get home. 4. A minor who is lawfully married or who is a member of the armed forces of the United States on active duty or on authorized leave from active duty. C. Any law enforcement officer finding a minor in apparent violation of this curfew restriction shall take said minor to the office of the City Police Department, and the parent, guardian or other adult person having care and custody of the minor shall be requested to come and take charge of the minor. A petition may be filed in a court of competent jurisdiction under the Youth Rehabilitation Act or the Child Protective Act of the State of Idaho, as appropriate to the circumstances. D. It shall be unlawful for a parent having legal custody of a juvenile knowingly to permit or by inefficient control to allow the juvenile to remain in any pedestrian or vehicular thoroughfare, public place or other premises open to the public, or to operate or to ride in a vehicle at any such location under circumstances not constituting an exception to, or otherwise beyond the scope of, this Section. The term "knowingly" includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a juvenile in that parent's legal custody. This requirement is intended to hold a neglectful or careless parent up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such juvenile. (Ord. 1227, 11-27-95) |
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6-5-2: RUNAWAYS: A. Purpose: For the purpose of preventing persons in the City under the age of eighteen (18) years from running away or attempting to run away from home, and in order to promote the safety and welfare of the residents of the City, this Section is hereby enacted. B. Unlawful Acts: It shall be unlawful for any person under the age of eighteen (18) years, living or found in the City to attempt to run away or to run away from his or her parents, guardian or other legal custodian, or to be or remain a person who has run away from his or her parents, guardian or other legal custodian. C. Encouraging Or Aiding A Runaway: It shall be unlawful for any person by any act or neglect to encourage, aid or cause any person under the age of eighteen (18) years to come within the purview of subsection B of this Section. D. Penalties: A violation of this Section shall subject the offender to penalties in accordance with Section 1-4-1 of this City Code. (1990 Code) |
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