Ordinance - 2010 - 640 - Amend Title 5/Curfew - 03/23/2010
ORDINANCE NO. 640
AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 5, CHAPTER 1, SECTION 1
"CURFEW"; PROHIBITING PERSONS UNDER THE AGE OF EIGHTEEN YEARS TO
BE OR REMAIN IN ANY PUBLIC PLACE OR PLACE OPEN TO THE PUBLIC WITHIN
THE CITY BETWEEN CERTAIN HOURS; PROVIDING EXCEPTIONS; PROVIDING
FOR THE RESPONSIBIL TY OF PARENTS AND LEGAL GUARDIANS; REQUIRING
PERSONS SUSPECTED OF CURFEW VIOLATIONS TO PROVIDE NAME AND AGE TO
LAWFUL REQUESTS FROM POLICE OFFICERS INVESTIGATING VIOLATIONS;
PROVIDING PENAL TIES; AND PROVIDING AN EFFECTIVE DATE FOR ADOPTION.
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE, IDAHO as follows:
Section 1: Eagle City Code Title 5, Chapter 1 "Minors", be and the same hereby is,
amended with the underlined text being added and the strikeout text being deleted to read as
follows:
5-1-1: CURFEW:
A. It shall be unlawful for any person under the age of eighteen (18) years to be or to remain,
and it shall be unlawful for any parent, guardian or other person having the care and custody
of any person under the age of eighteen (18) years to permit such person to be or to remain,
in or upon any street, alley, public ground, public place or any place open to the public or
exposed to public use within the city between the hours of twelve o'clock (12:00) midnight
and five o'clock (5:00) A.M., unless their presence is explained by one of the following
enumerated exceptions:
1. The minor is accompanied by a parent or legal guardian of said iuvenile.
2. The minor is accompanied by an adult authorized by a parent or legal guardian of said
juvenile.
3. An emergency situations exists.
4. The minor is on the sidewalk directly abutting the place in which the minor resides.
5. The minor is engaged in an employment activity, or is going to or returning home from
such activity by direct route without detour or stop, except for purposes of obtaining fuel
for transportation.
6. The minor is attending an activity sponsored by a school. religious, or civic organization,
by a public organization or entity, or by another similar organization or entity, which is
supervised by adults: or is going to or returning from such activity by direct route without
detour or stop, except for purposes of obtaining fuel for transportation.
7. The minor is in the performance of an errand or duty directed by his parent. guardian or
other adult person having the care and custody of him.
k:\council\draft ordinances\ordinance 640 - curfew.doc
8. The minor is involved in interstate travel through or beginning or terminating in, the City
of Eagle.
9. The minor is 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.
Ih The pro';isions of this section shall not apply to any person '.vho is accompanied by his
parent, guardian or other adult person having the care and eustody of him nor to any person
who is in the performance of an errand or duty directed by his parent, gUfrrdiafl or other adult
person ha';ing the care and eustody of him, nor to any person who is actually at the time
engaged in legitimate employment for profit, nor to any person viho is attending, or
participating in, any officially sanctioned school activity. (Ord. 261, 6-27-1995)
B. It shall be the responsibility of the parent or legal guardian having legal custody of a minor to
ensure that a minor complies with this Chapter. It shall be unlawful for a parent or legal
guardian to knowingly permit. allow, or encourage a violation of this any of the provisions of
this Chapter.
C. Every person suspected of a curfew violation shall provide their name and age to a police
officer upon a lawful request. Any person who refuses to provide such information, or who
knowingly gives false information regarding their name or age to any police officer
conducting an investigation under this Chapter shall be in violation ofthis Chapter.
Section 2: That this Ordinance, shall be published once in the official newspaper of the
City, and shall take effect immediately upon its passage, approval, and publication.
PASSED AND ADOPTED by the Council of the city of Eagle, Idaho this d 3 day of March
2010.
APPROVED by the Mayor of the City of Eagle, Idaho this ~ day of March 2010.
ATTEST:
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SHARON K. BERGMANN
CITY CLERK/TREASURER
(SEAL)
k:\council\draft ordinances\ordinance 640 - curfew. doc
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account Q E /art
Address: GO) C i v
L 1 Number Lines
Attention:
tion:
Run Dates:
Other
RECEIVED & FILED
CITY OF EAGLE
MAR 3 1 2010
Filo.
Route tn•
a.•- 710 , 6 6
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3!n. Amount I 5
Frank Thomason, being duly sworn, deposes
ORDINANCE NO. 640 „f - ,q ° t o nd says: That he is the Principal Clerk of
AN ORDINANCE AMENDING EAGLE CITY CODE TITLE 5, CHAPTER 1, SECTION 1
"CURFEW"; PROHIBITING PERSONS UNDER THE AGE 01? EIGHTEEN YEARS TO
BE OR REMAIN IN ANY PUBLIC PLACE OR PLACE OPEN TO THE PUBLIC WITHIN
TRE CITY BETWEEN CERTAIN HOURS; PROVIDING EXCEPTIONS; PROVIDING
FOR THE RESPONSIBILTY 01? PARENTS AND LEGAL GUARDIANS; REQUIRING
PERSONS SUSPECTED OF CURFEW VIOLATIONS TO PROVIDE NAME AND AGE TO
LAWFUL REQUESTS FROM POLICE OFFICERS INVESTIGATING VIOLATIONS;
PROVIDING PENALTIES; AND PROVIDING AN EFFECTIVE DATE FOR ADOPTION.
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE, IDAHO as follows:
Section 1: Eagle City Code Tittle 5, Chapter 1 "M•mors", be and the same hereby is,
amended with the underlined text being added and the strikeout text being deleted to read as
follows:
5-1-1: CURFEW:
A. It shall be unlawful for any person under the age of eighteen (18) yearsto be or to remain,
and it shall be unlawful for any parent, guardian or other person having the care and custody
of any person under the age of eighteen (18) years to permit suck person to be or to remain,
in or upon any street, alley, public ground, public place or any place open to the public or
exposed to public use within the city between the hours of twelve o'clock (12:00) midnight
and five o'clock (5:00) A.M., unless their presence is explained by one of the following
enumerated exceptions:
1. The minor is accompanied by a parent or legal guardian of said juvenile.
2. The minor is accompanied by an adult authorized by a parent or legal guardian of said
juvenile.
3. An emergency situations exists.
4. The.minor is on the sidewalk directly abutting the place in which the mirror resides.
5. The minor is engaged in an emjtlovment activity. or is going to or returning home from
such activity by direct route without detour or stop. except for purposes of obtaining fuel
for transportation,
6. The minor is attending an acdvitv sponsored by a school. religious. or civic organrzaiion,
In, a public organization or entity. or by another similar organization or entity. which is
supervised by adults: or is going to or retuming_from such activity by direct route without
detour or stop. except for purposes of obtaining fuel for transportation.
7. The minor is in the performance of an erand or duty directed by his parent. guardian or
other adult person having the cafe and custody of hen,
8. The minor is irtvoh el. in interstate travel through or beginning or
of Eagle, ung thy Cjty
9. The minor is exercising First Amendment rights protected by the United States
Constitution. such as the free exercise of religion. freedom ofspeech, and the delft of
Times, a weekly newspaper published at
Ma County, State of Idaho; that the said
;paper is in general circulation in the said
my of Ada, and in the vicinity of Meridian,
and Eagle, and has been uninterruptedly
ublished in said County during a period of
eight consecutive weeks prior to the first
of this notice, a copy of which is attached
iveto, and that the notice was published in
Times, in conformity with Section 60-108,
aho Code, as amended, for f time(s)
egular and entire issue of said paper, and
lted in the newspaper proper, and not in a
:merit and that said notice was published
on the following dates:
ginning ./A txn--t. 2--611 ` J CO
Kling Oil, 2ci( Ze) 10
STATE OF IDAHO )
)SS
''COUNTY OF ADA
l day of le1in the year of 20I0
me, a Notary Public, personally appeareo
=MI or identified to me to be the person
me is subscribed to the within instrument,
g by first duly sworn, detared that the
>III n.1 ue�nd a cknowtedged to me that
4Ay C.
he executed the same.
Notary Public for Idaho
Residing at Eloise, ID
expires: _ �; .Z?/ 1)
Tracy Osborn
From: Tracy Osborn
Sent: Thursday, March 25, 2010 9:51 AM
To: Valley Times (editor@valleytimesidaho.com)
Subject: Ordinance 640 -
Attachments: 640 Amending Curfew ordinance.pdf
Please publish one time only on March 29, 2010.
If you have any questions, give me a call.
Thanks Much!
Tracy E. Osborn, CMC
Sr. Deputy Clerk/Treasurer
City of Eagle, ID
208-939-6813
**Starting Jule 6, 2009 Eagle City Kall will be open Monday - Thursday 7:00 urn - 6:00 p.m. Closed on Fridays**