City of Ellsworth Ordinance to Establish a Curfew for Minors

(First Published in the Ellsworth County Independent/
Reporter, March 8, 2018)

ORDINANCE NO. 3079

AN ORDINANCE ESTABLISHING A CURFEW FOR MINORS AND PROVIDING FOR PENALTIES IN THE CITY OF ELLSWORTH, KANSAS

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS:
SECTION 1. The purpose of this section is to: (1) promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the city; (2) promote the safety and well-being of the city’s youngest citizens, persons under the age of 18, whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; and (3) foster and strengthen parental responsibility for children.
SECTION 2. It shall be unlawful for any child under the age of eighteen (18) years to remain in or upon any public place within the city, to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the city, between the hours of 11:00 pm to 6:00 am on October 31 and the following day, or on any other dates between the hours of 12:00 midnight and 6:00 a.m., unless:
    1. The minor is accompanied by a parent or legal guardian; or
    2. The minor is involved in an emergency; or
    3. The minor is engaged in an employment activity, or is going to or returning home from such activity, without detour or stop; or
    4. The minor is attending an activity sponsored by a school, religious, or civic organization, by a public organization or agency, or by another similar organization or entity, which activity is supervised by adults, and/or the minor is going to or returning from such an activity without detour or stop; or
    5. The minor is involved in interstate travel through, or beginning or terminating in the City of Ellsworth; or
    6. The minor is on the sidewalk directly abutting a place where he or she resides with a parent or guardian.
A first time violation of this section shall be an infraction punishable by fine and court costs in the municipal court with no court appearance required. The fine and court costs shall be set by fine schedule. A second or subsequent violation of this section shall be an unclassified misdemeanor with a court appearance required.
SECTION 3. It shall be unlawful for any parent or legal guardian to allow knowingly or unknowingly, by lack of sufficient control, any minor to remain in or upon any public place within the city, to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the city, between the hours of 11:00 pm to 6:00 am on October 31 and the following day, or on any other dates between the hours of 12:00 midnight and 6:00 a.m., unless:
    1. The minor is accompanied by a parent or legal guardian; or
    2. The minor is involved in an emergency; or
    3. The minor is engaged in an employment activity, or is going to or returning home from such activity, without detour or stop; or
    4. The minor is attending an activity sponsored by a school, religious, or civic organization, by a public organization or agency, or by another similar organization or entity, which activity is supervised by adults, and/or the minor is going to or returning from such an activity without detour or stop; or
    5. The minor is involved in interstate travel through, or beginning or terminating in, the City of Ellsworth; or
    6. The minor is on the sidewalk directly abutting a place where he or she resides with a parent or guardian.
No citation shall be issued to a parent or legal guardian on a first time offense committed by a minor. This section is an unclassified misdemeanor which requires a court appearance.
SECTION 4. Nothing herein shall prohibit the issuing of a citation against both the minor and a parent or legal guardian when applicable.
SECTION 5. This ordinance expressly repeals Ellsworth City Code 9.20 and all ordinances and parts of ordinances conflicting with the provisions of this ordinance.
SECTION 6. This ordinance shall take effect and be in full force from and after its passage by the Governing Body of the City of Ellsworth and publication in the official city newspaper.
Passed by the Governing Body of the City of Ellsworth this 26th day of February, 2018.

Alan M. Stefek, Mayor
City of Ellsworth, Kansas

ATTESTED BY:

Patti L. Booher, City Clerk

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