Ordinance # 130

AN ORDINANCE OF THE CITY OF RIGGINS AMENDING TITLE 6, CHAPTER 6, OF THE RIGGINS CITY CODE, AMENDING THE CURFEW LAW, REPEALING THE EXISTING CITY CODE NO. 6-6-1 THROUGH 6-6-4 AND REPLACING THE SAME WITH THE FOLLOWING AMENDED SECTION 6-6-1 THROUGH 6-6-4; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE PUBLICATION; PROVIDING FOR THE INCLUSION OF PARENTAL CRIMINAL RESPONSIBILITY IF PARENTS KNOWINGLY ALL MINORS TO VIOLATE CURFEW; DECLARING CURFEW VIOLATIONS OF PARENTS OR CHILDREN TO BE MISDEMEANORS; PROVIDING ADDITIONAL DEFINITIONS AND AMENDING THE HOURS OF CURFEW.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OR THE CITY OF RIGGINS, IDAHO COUNTY, IDAHO, AS FOLLOWS:

Section 1.    That language describing curfew, which appears in Chapter 6, Title 6 of the Riggins City Code, being Section 6-6-1 through 6-6-4 in existence upon the passage of this ordinance shall be repealed.  In place of the repealed Riggins City Code Sections referred to above, the following language shall be adopted:

    6-6-1:    DEFINITIONS:    Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application:

MINOR:    Any person male or female seventeen (17) years of age or under.

LEGAL PARENT/PARENTS:    Biological or Legal Adoptive Mother and Father or any combination thereof.

LEGAL GUARDIAN:    Any person, male or female, eighteen (18) years of age or older having the legal custody of a minor.

OTHER:    Any person, male or female, eighteen (18) years of age or older having the temporary custody of any minor in the absence of the legal parents or legal guardian.

    6-6-2:    PROHIBITED HOURS:    It shall be unlawful and a misdemeanor for any minor (male or female), 17 years of age or under to be in any public place or to be upon any street, alley, or public grounds within the City of Riggins between the hours of eleven o'clock (11:00) PM and five o'clock (5:00) AM on the nights of Sunday, Monday, Tuesday, Wednesday, and Thursday, and between the hours of twelve-thirty o'clock (12:30) AM and five o'clock (5:00) AM on Friday and Saturday except under the following conditions:

    a.    In attendance at or going to and from a recognized school function.

    b.    In attendance at or going to and from a supervised public, fraternal, or church activity.

    c.    With written permission from a parent or legal guardian for a specific purpose, and only for a specific date and time.  Any blanket permission shall be considered as being no permission.

    d.    Any proven emergency situation.

    e.    When accompanied by parents or legal guardian.

    6-6-3:    RESPONSIBILITY OF PARENTS AND/OR GUARDIANS:    Any parent, parents/ legal guardian or other adult persons having custody or control of any minor or minors, as defined in Section 6-6-1 hereof, permitting, allowing, or abetting said minor or minors to violate Section 6-6-1 hereof on a second or subsequent occasion shall be deemed guilty of a violation of the Youth Rehabilitation Act relating to "encouraging violations", Section 16-1817, and the finding that said minor or minors have violated said section for a second or subsequent time shall be presumptive proof of the encouraging of a violation of the Youth Rehabilitation Act by said minor or minors.

    6-6-4:    PRESUMPTION OF PRESENCE ON STREET:    The finding of any minor seventeen (17) years of age or under upon the streets, alleys, or public places within the City of Riggins during the prohibited hours without written permission or without a lawfully appearing excuse shall be prima facie showing of a violation of this Chapter, and upon such showing, any police officer shall detain said minor or minors for a reasonable time in order to notify said minors parent, parents, or guardian, or other adult having custody or control to pick up said minor or minors at the place of detention, and a written record, constituting a warning, shall be maintained by the public department.

    (1)    Upon a second or subsequent violation of this Chapter, minor/minors and the parent, parents, legal guardian, or other person having custody may be charged with the misdemeanor violation of the Ordinance or the laws of the State of Idaho.

Section 2.    All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 3.    This ordinance shall be effective upon its passage, approval, and publication in the Idaho County Free Press.

This ordinance passed by City Council after three readings on separate days at a regular meeting of the City Council of the City of Riggins, Idaho County, Idaho, on the 11th day of December, 1995.