FERGUS
FALLS CURFEW
PURPOSE: The curfew for
minors is maintained for four primary reasons.
 1) To protect the public from illegal
acts of minors committed during the curfew
hours
2) To protect minors from improper influences that prevail during the curfew
hours, including involvement with gangs
3) To protect minors
from criminal activity that occurs during the curfew hours
4) To help parents
control their minor children
HOURS
1) MINORS UNDER
THE AGE OF 16 YEARS.
No minor under the age of 16 years shall
be in or upon the public streets, alleys,
parks, playgrounds or other public grounds,
public places, public buildings; nor in
or upon places of amusement, entertainment
or refreshment; nor upon any vacant lot,
between the hours of 11 P.M. and 6 A.M.
the following day, official city time.
2) MINORS AGE 16 YEARS TO 18 YEARS.
No minor of the ages of 16 or 17 years shall
be in or upon the
public streets, alleys,
parks, playgrounds or other public grounds,
public places, public buildings; nor in
or upon places of amusement, entertainment
or refreshment; nor upon any vacant lot,
between the hours of 11 P.M. and 6 A.M.
the following day, except that on Saturdays
and Sundays, the Hours of 12:01 A.M. to 6
A.M., official city time.
Nothing in this section shall be construed
to give a minor the right to stay out until
the curfew hours designated in this section
if otherwise directed by a parent, guardian,
or other adult person having the primary
care and custody of the minor; nor shall
this section be construed to diminish or
impair the control of the adult person having
the primary care or custody of the minor.
EXCEPTIONS. The provisions
of this section shall not apply in the following
situations:
1)
To a minor accompanied by his or her parent
or guardian, or other adult person having
the primary care and custody of the minor.
2)
To a minor who is upon an emergency errand
at the direction of his or her parent, guardian,
or other adult person having the primary
care and custody of the minor.
3)
To a minor who is in any of the places described
in the section if in connection with or as
required by an employer engaged in a lawful
business, trade, profession, or occupation;
or to a minor traveling directly to or from
the location of the business trade, profession,
or occupation and the minor's residence.
Minors who fall within the scope of this
exception shall carry written proof of employment
and proof of the hours the employer requires
the minor's presence at work.
4) To
a minor who is participating in or traveling
directly to or from an event which has been
officially designated as a school activity
by public or parochial school authorities;
or who is participating in the traveling directly
to or from an official activity supervised
by adults and sponsored by the city, a civic
organization, school, religious institution,
or similar entity that takes responsibility
for the minor and with the permission of the
minor's parent, guardian, or other adult person
having the primary care and custody of the
minor.
5)
To a minor who is passing through the city
in the course of interstate travel during the
hours of the curfew.
6)
To a minor
who is attending or traveling directly to
or from an activity involving the exercise
of First Amendment Rights of free speech, freedom
of assembly or freedom of religion.
7)
To minors on the sidewalk abutting his or her
residence or abutting the residence of a next-door
neighbor if the neighbor does not complain
to the city's designated law enforcement provider
about the minor's presence.
8) To
a minor who is married or has been married,
or is otherwise legally emancipated
Duties of person legally responsible for minor. No parent, guardian or other
adult having the primary care or custody of any minor shall permit any violation
of the requirements of this section by the minor.
Duties of other persons. No person operating or in charge of any place of amusement,
entertainment or refreshment shall permit any minor to enter or remain in his
or her place of business during the hours prohibited by this section unless
the minor is accompanied by his or her parent, guardian or other adult person
having primary care or custody of the minor, or unless one of the exceptions
to this section apply.
PENALTIES.
1)
MINORS. Any minor found to be in violation
of this section may be adjudicated delinquent
and shall be subject to the dispositional
alternatives set forth in M. S. 260.185,
as it may be amended from time to time.
2) ADULTS. Any adult person found to be in
violation of this section shall be guilty
of a misdemeanor and may be sentenced up
to the maximum penalty authorized by state
law for a misdemeanor.
DEFENSE.
It shall be a defense
to prosecution under this section that the
owner, operator, or employee of an establishment
promptly notified the city's designated law
enforcement provider that a minor was present
on the premises of the establishment during
the curfew hours and refused to leave.
DEFINITIONS.
For the purpose of this section, the following
definitions shall apply unless the context
clearly indicates or requires a different
meaning.
1)
EMERGENCY ERRAND. A task that if not completed
promptly threatens the health, safety, or
comfort of the minor or a member of the minor's
household. The term shall include, but shall
not be limited to, seeking urgent medical
treatment, seeking urgent assistance from
law enforcement or fire department personnel,
and seeking shelter from the elements or
urgent assistance from a utility company
due to a natural or human-made calamity.
2)
OFFICIAL CITY TIME. The time of day as determined
by reference to the master clock used by
the city police dispatcher.
3)
PLACES OF AMUSEMENT, ENTERTAINMENT OR REFRESHMENT.
Those places that include, but are not limited
to, movie theaters, pinball arcades, shopping
malls, nightclubs catering to minors, restaurants,
and pool halls.
4) PRIMARY
CARE or PRIMARY CUSTODY. The person who is
responsible for providing food, clothing,
shelter,, and other basic necessities to
the minor. The person providing primary care
or custody to the minor shall not be another
minor.
5)
SCHOOL ACTIVITY. An event which has been
place on a school calendar by public or parochial
school authorities as a school sanctioned
event.
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