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HomeMy WebLinkAbout0552 t v ORDINANCE NO. 552 CITY OF LAKEVII..LE • DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 5, CHAPTER 3 OF THE LA~KEVII~LE CITY CODE CONCEI7;NING A CURF7EW FOR JUVENII..ES THE CITY COUNCII. OF THE CITY OF LAKEVILLE ORDAINS: SECTION 1. Title 5, Chapter 3 of the Lakeville City code is amended in its. entirety to read: CI3[APTER 3 JUVENILE CURFEW 5-3-1: PURPOSE AND FINDINGS. A. The City Council of Lakeville finds and determines that there has been an increase in juvenile violence and crime by minors in the City of Lakeville. B. Minors are particularly susceptible by their lack of maturity and experience to participate in unlawful activities and to be victims of olden perpetrators of crime. C . Because of the foregoing, special and extenuating circumstances presently exist within the City that require special regulation of minors within the City in order to protect them and other persons during the nighttime hours, to aid in crime prevention, to promote parental supervision and authority over minors, and to decrease juvenile crime rates. D. In accordance with prevailing community standards, this ordinance serves to regulate the conduct of minors. in public places during nighttime hours, to be effectively and consistently enforced for the protection of minors from each other and from other persons, for the enforcement of parental control of, authority over, and responsibility for their children, for the protection of the general public from nighttime mischief by minors, for the reduction in the incidents of juvenile criminal activities, for the furtherance of family responsibility and for the public good, safety, and welfare. 23559 04/26/95 E. It is the intent of the City Council to review and evaluate the need and effect of nighttime curfew for minors set forth in this ordinance on the incidents of juvenile criminal activity and protection of minors against criminal activity. 5-3-2: DEFINITIONS.... As used in this Chapter, the following terms have the following meanings: AUTHORIZED ADULT: Means any person who is at least eighteen (18) years of age and authorized by a parent of such minor to take.. said parent's place in accompanying said minor for a designated period of time. E'VIERGENCY: Means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The. term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate. action to prevent serious injury or loss of life. MINOR: Means a person under the age of eighteen (18) years.. The term does not include persons under eighteen (18) ..who are married or have' been legally emancipated. PARENT: Means any person having legal custody of a minor (i) as natural, adoptive parent, or step-parent; {ii) as a legal guardian; or (iii) as a person to whom ..legal custody has been given by order of the court. 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, roadways, parks, public recreation, entertainment or civic facility, schools, and the common areas of hospitals, apartment houses, officebuildings, transport facilities, and shops. SERIOUS Means bodily injury that creates a substantial risk of BODILY INJURY: death or .that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 23559 04/26195 2 5-3-3: PROIiiBITED ACTS. A. It shall be unlawful for any minor under the age of fifteen (15) years to be present in any public area within .the City of Lakeville: 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 dme between 11:00 p.m. on any Friday or Saturday, and 5:00 a.m. on the following day. B. It shall beunlawful for any minor aged fifteen (15), sixteen (16), or seventeen (17) years to be in any public place within the City of Lakeville: 1. Any time: between 1.1:.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. C . It shall be unlawful for a parent or authorized adult of a minor to knowingly, or through negligent supervision, permit such minor to be in any public place within the City of Lakeville during the hours prohibited by paragraphs A and B of this subdivision herein, under circumstances not constituting an exception to this ordinance as set forth herein. The term "knowingly" includes knowledge which a parent or authorized adult shall reasonably be expected to have concerning the whereabouts of a minor under such person's care. D. It shall be unlawful for any person operating or in charge of any place of amusement or refreshment which is open to the public to knowingly permit any minor to be in such place during the hours prohibited by paragraphs A and B of this subdivision herein, under circumstances not constituting an exception to this ordinance as set forth herein. The. term "person operating" shall mean any individual, firm, association, partnership, or corporation operating, managing, or conducting any such establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. 5-3-4: EXCEPTIONS. A. The following shall constitute valid exceptions to the operation of the curfew: 1. At any dme, if a minor is accompanied by his or her parent or an authorized adult. 23559 04/26/95 3 2. At any time, if a minor is involved in, or .attempting to remedy, alleviate, or respond to an emergency. 3. If tl3e minor is engaged in a .lawful employment activity,. or is going to or returning home from his or her place of employment. 4. If the minor is attending an official school, religious, or other social or recreational activity supervised by adults and sponsored by a city or the county, a civic organization, or another similar entity .that takes responsibility for the minor. 5. If the minor is .going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a city or the county, a civic organization, or another similar entity that takes responsibility for the minor. 6. If the minor is on an errand as directed by his or her parent, without any .detour or stop. 7. If the. minor is engaged in interstate travel. 8. If the minor is on the public right-of-way boulevard or sidewalk abutting the minor's residence or abutting the residence of the next-door neighbor if the neighbor has not complained to the police department about the minor's presence. 9. If the minor is exercising First Amendment rights protected by the United States Constitution (or .those similar rights .protected by Article I of the Constitution of the State of Minnesota), such as free exercise of religion, freedom of speech, and the right of assembly. 10. If the minor is homeless or uses a public or semi-public .place as his or her. usual place of abode. B. It is an affirmative defense to prosecution under Section 5-3-3(D) .that: 1. The owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and .refused to .leave. 2. The owner, operator, or employee reasonably and in good faith relied upon a minor's representations of .proof of age. Proof of age may be established pursuant to Minn. Stat. § 340A.503, Subd. 6, or other verifiable means, 235s9 o4i26i9s 4 including but .not limited to, school .identification cards and birth certificates. 5-3-5: ENFORCEMENT. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in a public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that no exception set forth in Section 5-3-4 is applicable. 5-3-6: PENALTIES. A. Violation of Section 5-3-3(A) and (B) will be prosecuted pursuant to Minn.. Stat. § 260.195 and will be subject to the penalties therein. - B. Violation of Section 5-3-3(C) or (D) shall be a misdemeanor. .SECTION 2. This ordinance shall be effective following its passage and publication on June 1, 1995. ADOPTED this 15th day of May , 1995, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: ...ta.-G'iYt- Duane R.. Zaun, Mayo ~,~-TTEST: i ~,,r r 1" ~ ~ G~~-~.~-~ ~ Charlene Friedges, ~~y Clerk 23559 04/26/95 5 PUBLIC NOTICE ORDINANCE NO. 552 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 5, BICYCLE MECHANICS. F CHAPTER 3 OF THE LAKEVILLE CITY COD time or part time. Some exp( CONCERNING A CURFEW FOR JUVENILE; ence helpful. Valley Bike & S THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: $ECTION 1. Title 5, Chapter 3 of the Lakev City code is amended in its entirety to read: CHAPTER 3 ,HWENILF CURFEW 5-3-1: PURPOSE AND FINDINGS. A. The City Council of Lakeville finds and de mines that there has been an increase in juve violence and crime by minors in the Cit! Lakeville. B. Minors are particularly susceptible by their of maturity and experience to participate in lawful activities and to be victims of older pe trators of crime. C. Because of the foregoing, special and exter ing circumstances presently exist within the that require special regulation of minors wi the City in order to protect them and c persons during the nighttime hours, to a: crime prevention, to promote parental sup 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 the following day. B. It shall be unlawful for any minor aged fifteen (15), sixteen (16), or seventeen (17) years to be in any public place within the City of Lakeville: 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. C. It shall be unlawful for a parent or authorized adult of a minor to knowingly, or through negli- gent supervision, permit such minor to be in any public place within the City of Lakeville during the hours prohibited by paragraphs A and B of this subdivision herein, under circumstances not constituting an exception to this ordinance as set forth herein. The term "knowingly" in- cludes knowledge which a parent or authorized adult shall reasonably be expected to have con- cerning the whereabouts of a minor under such person's care. D. It shall be unlawful for any person operating or in charge of any place of amusement or refresh- ment which is open to the public to knowingly permit any minor to be in such place during the hours prohibited by paragraphs A and B of this subdivision herein, under circumstances not con- stituting an exception to this ordinance as set forth herein. The term "person operating" shall mean any individual, firm, association, partner- ship, or corporation operating, managing, or con- ducting any such establishment. The term in - Applications being taken for warehouse worker in grain elevator. Send resume/call. Farmer's Mill & Elevator Castle Rock, Mn. 55010 1-800-645-5648 Housecleaning Working hours; 9 am-3prr Mon -Fri. Good pay, stead work. Looking for stablE honest, conscientiou people for long terr employment. Call fo v. 131-4142 IMEDIA1 ssar JO) ISV -Z68 1OH ID311 M3N toys tunoosi0 S u o tuapnts WtiSad AaleS lenu0 I >P015 oolsded enpv g 6ululeil auemsut ytleaH uolteoe5 pled sleah aal j • • • • • • 353FLL )031D ipatlos algixal� !sod 1Jd'8 !Ind • dll 4l!M •lwOl.$ MMAua Alanyaa . RI nnicn.a ,vain . NATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $14.80 per column inch. (2) Maximum rate allowed by law for the above matter: $14.80 per column inch. (3) Rate actually charged for the above matter: $8.52 per column inch, 1st week and $8.10 per column inch, successive weeks. AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Lakeville Life & Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting quali- fications as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed City of Lakeville Ord. 552 which is attached was cut from the col- umns of said newspaper, and was printed and published once on Monday, the 22nd day of May , 1995; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY: TITLE: Publisher Subscribed and sworn to before me on this 22nctlay of Ma , 1995. Notary Public tivv vvvvvvvvvv✓wwvww BARBARA J. GROSBERG NOTARY PUBLIC- MINNESOTA M'f COMMISSION EXPIRES 1 31-00