CHAPTER 11. PUBLIC OFFENSESCHAPTER 11. PUBLIC OFFENSES\Article 3. Curfew

It shall be unlawful for any juvenile to loiter, wander, lounge, loaf, idle, stroll or play in, about or upon any public street, highway, alley, road, park, playground, public place, public building, places of amusement or entertainment, eating places, vacant lots or other places normally accessible to the general public for public use, whether on foot or in a vehicle, during the following periods of time:

(a)   For juveniles age 15 and under, between the hours of 11:00 p.m. On any day and 6:00 a.m. Of the following day, except on Fridays and Saturdays, when the hours shall be 12:00 midnight to 6:00 a.m. Of the following day.

(Ord. 1407, Sec. 1; Code 2013)

The provisions of 11-301 shall not apply in the following instances:

(a)   When the juvenile is accompanied by his or her parent, guardian or other adult person having the lawful care and custody of the juvenile.

(b)   When the juvenile is on an emergency errand directed by his or her parents or guardian or other adult person having the lawful care and custody of such juvenile.

(c)   When the juvenile is returning directly home from a school activity, entertainment, recreational activity or dance.

(d)   When the juvenile is returning directly home from lawful employment that makes it necessary to be in the above referenced places during the prescribed period of time.

(e)   When the juvenile is on the sidewalk abutting the juvenile’s residence.

(f)   When the juvenile is attending or traveling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly or free exercise of religion.

(g)   When the juvenile is in interstate travel through the City.

(h)   When the juvenile is supervised and accompanied by an adult to whom the parent, guardian or person having custody of the juvenile shall have given prior authorization.

(Ord. 1319, Sec. 2; Code 2013)

Except in circumstances set out in subsection (a) through (g) of 11-302, it shall be unlawful for the parent, guardian or other adult person having the care and custody of a juvenile to permit such juvenile to loiter, wander, lounge, loaf, idle, stroll or play in, about or upon any public street, highway, alley, road, park, playground, public place, public building, places of amusement or entertainment, eating places, vacant lots or other places normally accessible to the general public for public use, whether on foot or in a vehicle, during the following periods of time:

(a)   For juveniles age 15 and under, between the hours of 11:00 p.m. On any day and 6:00 a.m. Of the following day, except on Fridays and Saturdays, when the hours shall be 12:00 midnight to 6:00 a.m. Of the following day.

(Ord. 1407, Sec. 2; Code 2013)

(a)   Any juvenile found to be violating this Article shall be referred to the County Attorney for proceedings pursuant to the Kansas Juvenile Offender Code. In addition, any police officer finding a juvenile to be in violation of this Article shall warn such juvenile to desist such violation and to immediately return home and shall report such violation to the Chief of Police who shall cause written notice to be served upon the parent, guardian or person in charge of such juvenile, setting forth the manner in which this Article has been violated.

(b)   Any parent, guardian or person having custody of a juvenile who shall permit such juvenile to violate the provisions of this Article after having received written notice that such juvenile has previously violated this Article shall be subject to a mandatory minimum fine of $50.00 and a maximum fine of $500.00, plus costs for the first offense and a mandatory minimum fine of $100.00 and a maximum fine of $500.00, plus costs for a second or subsequent offense.

(Ord. 1319, Sec. 4; Code 2013)