Ordinance No. 57-89-14 v ORDINANCE NO. 57-89-14
AN ORDINANCE REGULATING THE PRESENCE AND
CONDUCT OF MINORS ON STREETS AND OTHER PUBLIC
PLACES ; DEFINING DUTIES OF PARENTS OR OTHERS
IN CARE OF MINORS ; PROVIDING FOR DETENTION
AND PENALTIES FOR VIOLATIONS THEREOF.
WHEREAS, juvenile delinquency has increased in the City of
Atlantic Beach, and
WHEREAS , there has been an increase of abuse and damage to
parks , playgrounds and other property of the City of Atlantic
Beach, and
WHEREAS, there is need for governing the conduct of minors
in the City for the purpose of alleviating the problem of
juvenile delinquency, and
WHEREAS, it is in the public interest to reduce noises and
disturbances at late hours, and to prevent the reckless and noisy
operation of motor vehicles at late hours within the City of
Atlantic Beach.
NOW THEREFORE, be it ordained by the City Council :
Section 1. Short Title. This ordinance shall be known and
my be cited as the "Ordinance Regulating The Presence and Conduct
of Minors On Streets And Public Places. "
Section 2 . Definitions . For the purposes of this ordinance,
the following terms, phrases, words, and their derivations shall
have the meaning given herein. 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 the plural number. The word "shall" is
always mandatory and not merely directory.
(a) City is the City of Atlantic Beach.
(b) Minor is any person under the age of eighteen (18) .
(c) Parent is the natural or adoptive parent of a minor.
(d) Guardian is any person other than a parent, who has
legal guardianship of a minor.
(e) Custodian is any person over the age of eighteen (18)
who is in loco parentis to a juvenile.
(f) Public Place shall mean 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
1
other place devoted to amusement or entertainment of
the general public. It shall also include the front or
immediate area of the above.
Section 2 . 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 about or upon any place in the city between the
hours of 10 : 00 p.m. and 6 : 00 a.m. , Sunday through Thursday and
between the hours of 12 : 00 p .m. and 6 : 00 a.m. Friday through
Saturday 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 parent, guardian or
other adult person having the care and custody of the minor or
where the presence of such minor is connected with or required by
some legitimate employment, trade, profession or occupation.
Section 3 . Responsibilities Of Owners Of Public Places. It
shall be unlawful for any person, firm or corporation operating
or having charge of any public place to knowingly permit or
suffer the presence of minors under the age of eighteen (18)
between the hours of 12 : 00 p.m. and 6 : 00 a.m.
Section 4 . Parents ' Responsibility. It shall be unlawful
for the parent, guardian or other adult person having custody or
control of any minor under the age of eighteen (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 of 10 : 00 p.m. and
6 : 00 a.m. 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 herein has made a missing
person notification to the Police Department.
Section 5 . Special Functions. Any minor attending a special
function or entertainment of any church, school, club, or other
organization that requires such minor to be out at a later hour
than that called for in Section 2 shall be exempt from the
provisions of Section 2 of this ordinance provided, however, the
Chief of Police or his designee may verify said special function
or entertainment with the minor' parents or by contact with said
church, school , club or other organization.
Section 6 . Procedures.
(a) Any police officer upon finding a minor in violation of
Section 2 shall ascertain the name and address of such
minor and warn the minor that he is in violation of
2
curfew and shall direct the minor to proceed at once to
his or her home or usual place of abode. The police
officer shall report such action to the Shift
Supervisor of the Police Department who in turn shall
notify the parents, guardian, or person having custody
or control of such minor.
(b) If such minor refuses to heed such warning or direction
by any police officer or refuses to give such police
officer his correct name and address, or if the minor
has been warned on a previous occasion that he or she
is in violation of curfew, he or she shall be taken to
the Police Department and the parent, guardian or other
adult person having the care and custody of such minor
shall be notified to come and take charge of the minor.
If the parent, guardian or other adult person above
cannot be located or fails to come and take charge of
the minor, the minor shall be released to the juvenile
authorities.
Section 7 . Penalties . Any minor violating the provisions of
this ordinance shall be dealt with in accordance with the
Juvenile Court law and procedure. Any parent, guardian, or other
adult person having the care and custody of a minor violating
this ordinance shall, after having been previously notified under
Section 6 of this ordinance be fined not more than Fifty ($50 . 00)
dollars for each offense.
Section 8 . Effective date. This ordinance shall be come
effective upon signature of the Mayor or upon 10 days after its
adoption if he fails to sign the ordinance.
Passed on First reading this 13t1, day of February, 1989 .
Passed on Second and Final reading this -»t}; day of
February , 1989 .
ATTEST;
ALA AA gri.A.A.Am
Noreen King, ity Cbrk W. ' ullifor. , J
Mayor-Commissioner 1
Approved as to form and correctness:
Claude L. Mullis, City Attorney
3