CURFEW FOR MINORS
I. DEFINITIONS
A. CURFEW HOURS MEAN:
1. In the case of persons 13 years of age or younger, on any day of the week, 9:00 P.M. until 6:00 A.M. the following day; and
2. In the case of persons 15 years of age or younger, on any day of the week, 10:00 P.M until 6:00 A.M. the following day; and
3. In case of persons 16 years of age on any day of the week, 11:00 P.M. until 6:00 A.M. the following day; and
4. In the case of persons 17 years of age, on any day of the week, 12:00 A.M. until 6:00 A.M. the following day
B. 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, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
C. ESTABLISHMENT means any privately owned place of business operate for a profit to which the public is invited, including but not limited to any place of amusement of entertainment.
D. 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 a court
E. MINOR means any person under 18 years of age.
F. OPERATOR 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.
G. PARENT means a person who is:
1. a natural parent, adoptive parents, or step-parent of another person; or
2. at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
H. 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.
I. 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.
J. SERIOUS BODILY INJURY means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss of impairment of the function of any bodily member or organ.
II. RESTRICTIONS
A. It shall be unlawful for any minor to remain in any public place or on the premises of any establishment within the County during curfew hours.
B. It shall be unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control, allow the minor to remain in any public place or on the premises of any establishment within the County during curfew hours. The term “knowingly” includes knowledge which a parent or guardian should reasonably be expected to have concerning the whereabouts of a minor in the legal custody of that parent or guardian.
C. It shall be unlawful for any owner, operator, or any employee of an establishment to knowingly allow a minor to remain upon the premises of the establishment during curfew hours.
III. EXCEPTIONS
A. The following shall constitute valid exception to the operation of the curfew. 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;
3. in a motor vehicle involved in interstate travel;
4. engaged in employment activity, or going to or returning home from an employment activity, without any detour or stop;
5. involved in an emergency;
6. 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 Sheriff’s Office about the minor’s presence;
7. attending an official school, religious, or other recreational activity supervised by adults and sponsored by the County of McLeod, a civic organization, or another similar entity that takes responsibility for the minor, or 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 the County of McLeod, a civic organization, or another similar entity that take responsibility for the minor;
8. exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religious, freedom of speech, and the right of assembly; or
9. married or has been married.
B. It is a defense to prosecution under Section 2 that the owner, operator or employee of an establishment promptly notified the Sheriff’s Office that a minor was present on the premises of the establishment during curfew hours and refused to leave.
IV. ENFORCEMENT
Before taking any enforcement action under this section, a Sheriff’s Deputy shall ask the apparent offender’s age and reason for being in the public place. The Deputy shall not issue a citation or make an arrest under this section unless the Deputy reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 3 is present.
V. PENALITIES
A. A person who violates 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.
B. Any minor who is convicted of a violation of this code chapter after the case has been referred for prosecution in the trial court under Minnesota Statute 260.125, and any adult person having the care and custody of such minor, is guilty of a petty misdemeanor and shall be punished as provided by this code.
C. That the terms and provisions of this code chapter are severable. If any provision is, for any reason, held to be invalid, such decision shall not effect the validity of the remaining portions of this chapter. It is intended that the code chapter be held inapplicable in such cases, if any, where its application would be unconstitutional.
