§ 42-12. Juvenile curfew; regulations.

(a)

Definitions.

Emergency means an unforeseen combination of circumstances that requires immediate attention to care for or prevent serious bodily injury, loss of life, or significant property loss. The term includes, but is not limited to, a fire, a natural disaster, or an automobile accident.

Establishment means a privately owned place of business to which the public is invited, including, but not limited to, a place of amusement or a place of entertainment.

Minor means any person under 17 years of age.

Parent means a person who has legal custody of a minor as a:

(1)

Natural or adoptive parent;

(2)

Legal guardian;

(3)

Person who stands in loco parentis to the minor; or

(4)

Person who has legal custody of the minor by order of the court.

Public place means a place to which the public has access, including but not limited to, streets, highways, public parks, and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, and shops.

Remain means to stay unnecessarily in a particular place.

(b)

Prohibitions; penalty.

(1)

a.

A minor may not be or remain in a public place or establishment between the hours of 11:00 p.m. and 5:00 a.m. of the following day, Sunday through Thursday, except in the case of a legal holiday.

b.

A minor may not be or remain in a public place or establishment between the hours of 12:01 a.m. and 6:00 a.m. on Saturdays, Sundays, and legal holidays.

(2)

A minor who has been suspended or expelled from school may not be or remain in a public place, in an establishment, or within 1,000 feet of a school during the hours of 9:00 a.m. to 2:00 p.m. during any school day.

(3)

A minor who violates this section shall receive a written warning for his or her first violation. A minor who violates this section after having received a prior written warning is guilty of a civil infraction and shall be punishable by a fine of $50.00 for each violation.

(4)

If a minor violates a curfew and is taken into custody, the minor shall be transported immediately to a police station or to a facility operated by a religious, charitable, or civic organization that conducts a curfew program in cooperation with the Key West Police Department. After recording pertinent information about the minor, the police department shall attempt to contact the parent of the minor, and, if successful, shall request that the parent take custody of the minor and shall release the minor to the parent. If the police department is not able to contact the minor's parent within two hours after the minor is taken into custody, or if the parent refuses to take custody of the minor, the law enforcement agency may transport the minor to his or her residence or proceed, if applicable, as authorized under child neglect and abandonment laws.

(c)

Legal duty of parent; penalty.

(1)

The parent of a minor has a legal duty and responsibility to ensure that the minor does not violate subsection (b).

(2)

The parent of a minor has a legal duty and responsibility to supervise personally, or to arrange for a responsible adult to supervise, the minor so that the minor does not violate subsection (b).

(3)

The parent of a minor who knowingly permits the minor to violate subsection (b) shall receive a written warning for a first violation. A parent who knowingly permits the minor to violate subsection (b) after having received a prior written warning is guilty of a civil infraction and shall be punishable by a fine of $50.00 for each violation.

(d)

Exceptions. This section does not apply to a minor who is:

(1)

Accompanied by his or her parent or by another adult authorized by the minor's parent to have custody of the minor;

(2)

Involved in an emergency or engaged, with his or her parent's permission, in an emergency errand;

(3)

Attending or traveling directly to or from an activity that involves the exercise of rights protected under the First Amendment of the United States Constitution;

(4)

Going directly to or returning directly from lawful employment, or who is in a public place or establishment in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged;

(5)

Returning directly home from a school-sponsored function, a religious function, or a function sponsored by a civic organization;

(6)

On the property of, or on the sidewalk of, the place where the minor resides, or who is on the property or sidewalk of an adult next-door neighbor with that neighbor's permission; or

(7)

Engaged in interstate travel or bona fide intrastate travel with the consent of the minor's parent.

(Ord. No. 02-15, § 1, 6-18-2002)