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Mayor: Thom Rosenberg
Chief of Police: David Bridgewater
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Minors' Curfew - Ordinance No. 1101

AN ORDINANCE RELATING TO MINORS-CURFEW

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EASTBOROUGH, KANSAS:

Section 1. Curfew for Certain Minor Children.

  1. It is unlawful for a minor under the age of eighteen years to loiter, idle, wander, stroll, or play upon the public streets, parks, playgrounds, or other public places, vacant lots or other place unsupervised by an adult having the lawful authority to be at such place during the following periods:
    1. For minors age fifteen and under, between the hours of eleven p.m. on any day and six a.m. of the following day, except on Fridays and Saturdays when the hours shall be twelve midnight to six a.m. of any Saturday or Sunday;
    2. For minors age sixteen and seventeen, between the hours of twelve midnight on any day and six a.m. of the following day, except on weekends when the hours shall be one a.m. to six a.m. of any Saturday or Sunday.
  2. The provisions of this section shall not apply in the following instances:
    1. When a minor is accompanied by his or her parent, guardian or other adult person having the lawful care and custody of the minor;
    2. When the minor is upon an emergency errand directed by his or her parent or guardian or other adult person having the lawful care and custody of such minor;
    3. When the minor is returning directly home from a school activity, entertainment, or recreational activity;
    4. When the minor is returning directly home from lawful employment;
    5. When the minor 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; and
    6. When the minor is in interstate travel through the City.

Section 2. Responsibility of Parent, or Person having custody

Except in circumstances set out in Section 1 (b), it shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of eighteen years to permit such minor to loiter, idle, wander, stroll, or play in or upon the public streets, parks, playgrounds, or other public places, vacant lots or other place unsupervised by an adult having the lawful authority to be at such place during the following periods of time:

  1. For minors age fifteen and under, between the hours of eleven p.m. on any day and six a.m. of the following day, except on Fridays and Saturdays when the hours shall be twelve midnight to six a.m. of the following day;
  2. For minors age sixteen and seventeen, between the hours of twelve midnight on any day and six a.m. of the following day, except on weekends when the hours shall be one a.m. to six a.m. of any Saturday and Sunday.

Section 3. Penalty

  1. Any minor violating the provisions of this ordinance shall be dealt with in accordance with juvenile court law and procedure. Any police officer finding a minor under the age of eighteen years violating the provisions of this chapter shall warn the child to desist from such violation and immediately return home and shall cause a written notice to be served upon the parent, guardian or person in charge of such child, setting forth the manner in which the provisions of this ordinance have been violated. Notice shall be properly served if a copy is served personally or if a copy is sent by certified mail, return receipt requested, to his or her last known address.
  2. Any parent, guardian, or person having the care and custody of a child who shall permit such child to violate the provisions of this ordinance after receiving written notice that such child has previously violated such provisions shall be subject to a mandatory, minimum fine of fifty dollars and a maximum fine of five hundred dollars, plus costs, for the first such offense and a mandatory, minimum fine of one hundred dollars and a maximum fine of five hundred dollars, plus costs, for a second or subsequent such offense, with a request to the appropriate court that consideration be given to community service for the offending juvenile as an alternative to any set fine.

PASSED: October 28, 1997