CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 3. CURFEW

There is hereby enacted a curfew within the corporate limits of the City of Hoisington, Kansas.

(Ord. 1220, Sec. 1; Code 2006)

It shall be unlawful for any minor under the age of eighteen (18) years to idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or any other public place where the minor is unsupervised by a parent, guardian or other adult having the awful care and control over the minor and further, having legal authority to be at such place during the following periods of time:

(a)   For minors ages sixteen (16) and above, on any day between the hours of 11:00 p.m. and 6:00 a.m. of the following day, except the hours shall be from 1:00 a.m. Saturday to 6:00 a.m. Saturday and from 1:00 a.m. Sunday to 6:00 a.m. Sunday.

(b)   For minors ages fifteen (15) and under, on any day between the hours of 11:00 p.m. on any day and 6:00 a.m. of the following day, except the hours shall be from 12:00 a.m. Saturday to 6:00 am. Saturday and from 12:00 a.m. Sunday to 6:00 a.m. Sunday.

(Ord. 1220, Sec. 2; Code 2006)

This article shall not apply under the following conditions:

(a)   When a minor of any age is accompanied by his or her parent, guardian or other adult having the lawful care, custody and control of the minor.

(b)   When the minor is on an emergency errand at the direction of his or her parent, guardian or other adult having the lawful care, custody and control of the minor.

(c)   When the minor is returning directly home from a school sponsored activity, entertainment, recreational activity or dance.

(d)   When the minor is returning directly home from lawful employment that makes it necessary for the minor to be at his or her place of employment during the prescribed periods of time.

(e)   When the minor is attending or traveling directly to or from an activity involving the exercise of minors Constitutional rights of free speech, freedom of assembly or free exercise of religion.

(f)   When the minor is in transit through the City of Hoisington, Kansas.

(g)   When any person under the age of 18 years is legally married.

(Ord. 1220, Sec. 3; Code 2006)

Except under the circumstances outlined section 11-303(a) through (g), it shall be unlawful for an parent, guardian or other adult having the care, custody or control over the minor to permit the minor to violate the provisions of this article.

(Ord. 1220, Sec. 4; Code 2006)

(a)   Any police officer finding a minor in violation of this article shall warn the minor to cease and desist from such violations and to return home immediately and shall cause a written notice to be served upon the parent, guardian or other adult having the notice to be served upon the parent, guardian or other adult having the care, custody or control of the minor, setting forth in detail the violations committed by the minor. For the purposes of this section, notice shall be deemed properly served upon such parent, guardian or other adult having the care, custody or control of the minor if a copy of the notice is served upon him or her personally, or if a copy thereof is sent by certified mail, return receipt requested, to his or her last known address, provided, further, if the notice cannot be served as outlined above, service of the notice may be made upon the parent, guardian or other adult having the care, custody or control of the minor by publication one time in the official city newspaper setting forth the terms of the notice.

(b)   Any parent, guardian or other adult having the care, custody and control over a minor who shall permit the minor to violate the provisions of this article and upon conviction thereof shall, for the first conviction, be fined not less than $25.00 but not more than $100.00. For a second or subsequent conviction, the person shall be fined not less than $50.00 nor more than $500.00 and shall be subject to imprisonment for a period of not less than two (2) days but not more than ten (10) days with the Municipal Court Judge having the authority to suspend the period of incarceration if the judge deems it to be in the interest of justice and in the best interests of the defendant but in no case, shall the judge have the authority to suspend payment of any fine or costs imposed hereunder.

(Ord. 1220, Sec. 5; Code 2006)