Washington County Juvenile Curfew Ordinance

The City of Mahtomedi follows Washington County Ordinance No. 125 for Juvenile Curfews.

Washington County, Minnesota Ordinances
Ordinance No. 125
Washington County, Minnesota Revision of Washington County
Juvenile Curfew Ordinance, an Ordinance Repealing Ordinance
Nos. 115 and 116 and Replacing it with the Washington County
Juvenile Curfew Ordinance Adopted by Washington County Board
of Commissioners on 04/22/97.

Date Approved: 04/22/1997
Date Published: 05/14/1997

Table of Contents
Section 1: Findings and Purpose
Section 2: Definitions
Section 3: Prohibited Acts
Section 4: Defenses
Section 5: Penalty
Section 6: Review
Section 7: Effective Date

The Board of Commissioners of Washington County does hereby ordain:
Section 1: Findings and Purpose
(A) 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.
(B) 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.
(C) While parents have the primary responsibility to provide for the safety and welfare of juveniles, Washington County also has a substantial interest in the safety and welfare of juveniles. Moreover, Washington County has an interest in preventing juvenile crime, promoting parental supervision, and providing for the well being of the general public.
(D) A county-wide curfew will reduce juvenile victimization and crime and will advance public safety, health, and general welfare. 

Section 2: Definitions 
(A) Juvenile means a person under the age of seventeen (17). The term does not include persons under 17 who are married or have been legally emancipated.
(B) Parent means birth parents, adoptive parents, and step-parents.
(C) Guardian means 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.
(D) Responsible adult means a person over the age of eighteen (18) specifically authorized by law or by a parent or guardian to have custody and control of a juvenile.
(E) Public Place means 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.
(F) Emergency means a circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury or loss of life.
(G) Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any body part or organ.
(H) Establishment means any privately-owned place of business to which the public is invited, including, but not limited to, any place of amusement, entertainment, or refreshment.
(I) Proprietor means 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. 

Section 3: Prohibited Acts 
(A) It is unlawful for a juvenile under the age of 12 to be present in any public place or establishment within Washington County:
(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, from age 12 through 14, to be present in any public place or establishment within Washington County:
(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 any Saturday or Sunday of the following day.

(C) It is unlawful for a juvenile, ages 15 and 16, to be present in any public place or establishment within Washington County:
(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 Washington County during the hours prohibited in paragraphs (A), (B) or (C) of this section.

(E) It is unlawful for a proprietor of an establishment within Washington County to knowingly permit a juvenile to remain in the establishment or on the establishment's property during the hours prohibited in paragraphs (A), (B) or (C) of this 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 or the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail. 

Section 4: 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 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. 

Section 5: Penalty
(A) Violation of Section 3(A), (B) or (C) will be prosecuted pursuant to Minn. Stat. §260.195 and will be subject to the penalties therein.
(B) Violation of Section 3 (D) or (E) is a misdemeanor. 

Section 6: Review
The County Board shall conduct yearly reviews of this ordinance to assess the effectiveness of and continuing need for a juvenile curfew. Prior to the annual review, the County Attorney shall prepare and submit a report to the County Board evaluating violations of this ordinance and juvenile crime and victimization during the preceding year. 

Section 7: Effective Date
This Ordinance Amendment shall be and is hereby declared to be in full force and effect from and after its passage and publication according to law. 

Passed by the Board of Commissioners of Washington County, Minnesota this 22nd day of April, 1997.
 Myra Peterson, Chair 

 Board of County Commissioners 

Attest:
James R. Schug, County Administrator 

Approved as to Form:
Richard Hodsdon, Washington County Attorney's Office

Washington County Juvenile Curfew Ordinance 125 (PDF)