CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 4. CURFEW FOR MINORS

(a)   Minor is a person under the age of 18 years of age.

(b)   Parent is any person having legal custody of a minor:

(1)   as a natural or adoptive parent,

(2)   as a legal guardian,

(3)   as a person who stands in loco parentis, or

(4)   as a person to whom legal custody has been given by court order.

(Ord. 1050, Sec. 1)

It is unlawful for any minor to loiter, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots or any place unsupervised by an adult having the lawful authority to be at such places, between the hours of 11:00 p.m. on any day and 5:00 a.m. of the following day; provided, however, that on Fridays and Saturdays the effective hours are between 12:00 midnight and 5:00 a.m. of the following day.

(Ord. 1050, Sec. 2)

(a)   When a minor is accompanied by his or her parent;

(b)   When the minor is upon an emergency errand directed by his or her parent;

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

(d)   When the minor is returning directly home from employment that makes it necessary to be in the referenced places during the prescribed period of time;

(e)   When the minor is attending or traveling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly or free exercise of religion; and

(f)    In interstate travel through the City of De Soto, Kansas.

(Ord. 1050, Sec. 3)

It shall be unlawful for the parent to permit, or by insufficient control, to allow such minor to be in, about, or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots or any place during the restricted hours, unsupervised by an adult having the lawful authority to be at such places, under circumstances not constituting an exception to, or otherwise beyond the scope of this article.

(Ord. 1050, Sec. 4)

(a)   If a police officer has reasonable grounds to believe that the minor is in a public place in violation of this article for the first time, the procedure shall be to take the minor to the police station where a parent having custody or control of the minor shall immediately be notified to take custody of the minor. When the parent arrives at the police station to take custody of the minor, the minor shall be released to the custody of such person.

(b)   In the case of a first violation of the article, the police officer shall, by certified mail or personal delivery, send or give to the parent, written notice of the violation with a warning that any subsequent violation will result in full enforcement of the article, including enforcement of parental responsibility and of applicable penalties.

(Ord. 1050, Sec. 5; Code 2009)

(a)   If, after the first violation of this article by a minor, there is a subsequent violation of this article by the minor, the minor shall be charged in municipal court. Upon conviction, the minor shall be sentenced to complete a community service program; however, in the alternative, the municipal court shall have the discretion to impose a fine not to exceed $150 and costs, or to impose a sentence of both a community service program and a fine not to exceed $150 and costs.

(b)   If, after the warning notice of the first violation by a minor has been given pursuant to section 11-405(b), a parent, having custody or control of a minor, violates section 11-404, the parent, upon conviction, shall be subject to a fine not to exceed $200 and costs. In lieu of a fine, the municipal court may impose probation, provided however, that as a condition of probation, attendance is required at family counseling sessions by the parent having custody or control of the minor.

(Ord. 1050, Sec. 6)