§ 9.08.010. Curfew hours for minors.

A.

Definitions. As used in this section:

"Curfew hours" means:

1.

Eleven p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until five a.m. of the following day from May 15th to September 1st or ten p.m. until five a.m. of the following day for the balance of the year; and

2.

Twelve a.m. until five a.m. on Friday, Saturday, and legal holidays.

"Emergency" 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 bodily injury or loss of life.

"Guardian" means:

1.

A person who, under court order, is the guardian of the person of a minor; or

2.

A public or private agency with whom a minor has been placed by the court.

"Minor" means any person under eighteen (18) years of age who has not arrived at the age of majority under AS 25.20.020.

"Parent" means a person who is:

1.

A natural parent, adoptive parent, or step-parent of another person; or

2.

At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

"Remain" means to:

1.

Linger or stay; or

2.

Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

B.

Offenses.

1.

A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours.

2.

A parent or guardian of a minor commits an offense, if after the juveniles first offense, he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.

C.

Defenses. It is a defense to prosecution under subsection B of this section that the minor was:

1.

Accompanied by the minor's parent or guardian;

2.

On an errand at the direction of the minor's parent or guardian, without any detour or stop;

2.

Engaged in an employment activity, or going to or returning home from and employment activity, without any detour or stop;

4.

Involved in an emergency;

5.

On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;

6.

Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour stop, an official school, religious, or other recreation activity supervised by adults and sponsored by the city, a civil organization, or another similar entity that takes responsibility for the minor.

7.

Exercising First Amendment rights protected by the United States constitution such as the free exercise of religion, freedom of speech, and the right of assembly; or

8.

Married or had been married or had disabilities of a minority removed in accordance with AS 9.55.590.

D.

Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the 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 that, based on any response and other circumstances, no defense in subsection C of this section is present.

E.

Penalties.

1.

A person who violate a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed two hundred fifty dollars ($250.00) or community work service in accordance with the provisions of AS 47.12.030(b).

(Ord. 98-01-03 § 5)