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2004-212ORDINANCE NO. 2004 - 212 ,4n ordinance establishing a curfew for children, with penalties for violations as set forth in proposed Section 9. 50. 050. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Chapter 9.50 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: 9.50 Curfew Ordinance 9.50.010 9.50.020 9.50.030 9.50.040 9.50.050 Intent Prohibition -- Regulation Exceptions Parental Responsibility Violation -- Penalties 9.50.010 Intent. The intent of this ordinance is to: (A) (B) (C) Protect children from becoming victims or perpetrators of crimes. Assist parents in exercising their responsibility over their minor children. Protect the community from the dangers posed by unsupervised minors who are out late at night and in the early morning. 9.50.020 Prohibition - Regulation. No person under the age of 17 years shall congregate, loiter, wander, stroll, stand or play in or upon any public streets, highways, roads, alleys, parks, greenbelts, public properties, public buildings, playgrounds, school grounds, places of amusement and entertainment, dance halls, premises licensed for sale of alcohol beverages, vacant lots or vacant buildings in the city, either on foot or in or upon any licensed or unlicensed conveyance or device being driven or parked thereon, Sunday through and including Thursday nights -- between the hours of 11:00 o'clock p.m. through and including 5:00 o'clock a.m. the next day, except as provided below; Friday and Saturday nights -- between the hours of 11:59 o'clock p.m. ("midnight") through and including 5:00 o'clock a.m. the next morning, except as provided below. 9.50.030 Exceptions. when: This ordinance shall not apply to any person under the age of 17 (A) (C) (D) (F) (G) The child is accompanied by his or her parent, legal guardian or other responsible adult having the child's care, custody or control. The child is responding to an emergency. The child is traveling directly between his or her place of residence, school, place of employlnent or other activity excepted by this section. The child is at work or performing certain employment work or services. The child is attending a supervised school, supervised religious or supervised recreational activity. The child is performing an errand directed by his or her parent, legal guardian or other responsible adult. The child is engaging in activities protected by the First Amendment of the United States Constitution. 9.50.040 Responsibility of Parents. No parent, guardian or other adult having the care and custody of a person under the age of 17 years shall willfully permit or allow such child under the age of 17 years to violate the curfew set forth in this ordinance. 9.50.050 Violation - Penalty. (A) Any person under the age of 17 who violates any provision of this ordinance shall upon conviction be subject to a forfeiture of not more than Two Hundred Fifty Dollars ($250.00) for each offense, together with the costs of prosecution, and in default of payment thereof, shall be subject to the remedies and alternatives for non-payment as provided by law tbr children. (B) Any parent, guardian or other adult person having the care and custody of the person under 17 years who violates this ordinance shall upon conviction be subject to a forfeiture of not more than Five Hundred Dollars ($500.00) fbr each offense, together with the costs of prosecution, and in default of payment thereot; shall be subject to the remedies and alternatives for non-payment as provided by law for adults." SECTION II. This ordinance shall take effect immediately upon adoption, the health, welfare, safety, peace and good order of the community so requiring. ADOPTED: February 9, 2004 APPROVED: / Steven E. $h-eif~'er, City~M~nager ATTEST: ) · x J n'w61~; city Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Council Members Steeber and Addie Prepared by: City Attorney and Deputy Police Chief MOTION BY: Murphy SECOND BY: Steeber COUNCILMEMBER AYE NAY PASS ABSENT ADDLE X MURPHY X DEGARMO X STEEBER × WILLIAMS BRIEN X WELLNITZ ()rd dra ft/curli:w