§ 18-1. Curfew for juveniles.
(a)
Findings and purpose. The purposes of this section are as follows:
(1)
In recent years, there has been a significant increase in juvenile victimization and crime. At the same time, the crimes committed by and against juveniles have become more violent. A significant percentage of juvenile crime occurs during curfew hours.
(2)
Because of their lack of maturity and experience, juveniles are particularly susceptible to becoming victims of older perpetrators. The younger a person is, the more likely he is to be a victim of crime.
(3)
While parents have the primary responsibility to provide for the safety and welfare of juveniles, the city also has a substantial interest in the safety and welfare of juveniles. Moreover, the city has an interest in preventing juvenile crime, promoting parental supervision and providing for the wellbeing of the general public.
(4)
A citywide curfew will reduce juvenile victimization and crime and will advance public safety, health and general welfare.
(b)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Emergency means a circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury or loss of life.
Establishment means any privately-owned place of business to which the public is invited, including, but not limited to, any place of amusement, entertainment or refreshment.
Guardian means an adult appointed pursuant to state law who has the powers and responsibilities of a parent.
Juvenile means a person under the age of 18. The term does not include persons under 18 who are married or have been legally emancipated.
(1)
Pre-high school juvenile means a person who is under 15 years of age and has not completed eighth grade.
(2)
High school juvenile means a person who is at least 15 years of age or has completed eighth grade, whichever is earlier.
Parent means birth parents, adoptive parents and step-parents.
Proprietor means any individual operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
Responsible adult means any person over the age of 18 specifically authorized by law or by a parent or guardian to have custody and control of a juvenile.
Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any body part or organ.
(c)
Prohibited acts. The following acts are prohibited:
(1)
It is unlawful for a pre-high school juvenile to be present in any public place or establishment within the city between the hours of 10:30 p.m. and 6:00 a.m.
(2)
It is unlawful for a high school juvenile to be present in any public place or establishment within the city:
a.
Any time between 10:30 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday and 6:00 a.m. of the following day.
b.
Any time between 12:30 a.m. and 6:00 a.m. on any Saturday or Sunday.
c.
Any time between 12:30 a.m. and 6:00 a.m., seven days per week, during the school holiday periods for Christmas and summer vacation.
(3)
It is unlawful for a parent or guardian of a juvenile knowingly, or through negligent supervision, to permit the juvenile to be in any public place or establishment within the city during the hours prohibited in subsections (c)(1) and (2) of this section.
(4)
It is unlawful for a proprietor of an establishment within the city to knowingly permit a juvenile to remain in the establishment or on the establishment's property during the hours prohibited in subsections (c)(1) and (2) of this section. If the proprietor is not present at the time of the curfew violation, the responding officer shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail.
(d)
Defenses.
(1)
It is an affirmative defense for a juvenile, parent or guardian to prove that:
a.
The juvenile was accompanied by his parent, guardian or other responsible adult.
b.
The juvenile was engaged in a lawful employment activity or was going to or returning home from his place of employment.
c.
The juvenile was involved in an emergency situation.
d.
The juvenile was, within 30 minutes, going to, attending or returning home from an official school, religious or other recreational activity sponsored and/or supervised by a public entity or a civic organization.
e.
The juvenile was on an errand at the direction of a parent or guardian.
f.
The juvenile was engaged in interstate travel.
g.
The juvenile was on the public right-of-way boulevard or sidewalk abutting the property containing the juvenile's residence or abutting the neighboring property, structure or residence.
(2)
It is an affirmative defense for a proprietor of an establishment to prove that:
a.
The proprietor or employee reasonably and in good faith relied upon a juvenile's representations of proof of age. Proof of age may be established pursuant to state law or other verifiable means, including, but not limited to, school identification cards and birth certificates.
b.
The proprietor or employee promptly notified the responsible police agency that a juvenile was present on the premises of the establishment during curfew hours.
(e)
Penalty. Violation of subsection (c)(1) or (2) of this section will be prosecuted pursuant to the Montana Youth Court Act, MCA 41-5-101 et seq. and will be subject to the penalties therein. Violation of subsection (c)(3) or (4) of this section is a misdemeanor and will be subject to the penalty set forth in section 1-10.