Ordinance #12,096

AN ORDINANCE AMENDING CHAPTER 12 SECTION 230 OF THE MONROE CITY CODE ENTITLED CRIMINAL CODE AND FURTHER PROVIDING WITH RESPECT THERETO:

WHEREAS, the current Monroe City Code of Ordinances contains Chapter 12 Section 230 entitled “Curfew for persons seventeen years of age and under;”

WHEREAS, the safety of juveniles is of the utmost concern, and, therefore, Chapter 12 Section 230 needs to be amended to protect the health, safety, and welfare of juveniles.

NOW THEREFORE, it is hereby ordained that Chapter 12 Section 230 entitled “Curfew for persons seventeen years of age and under” of the Monroe City Code is hereby amended and enacted as follows:

CHAPTER 12 – CRIMINAL CODE

Sec. 12-230. Curfew for persons sixteen years of age and under.

(a)    It shall be unlawful for any person sixteen (16) years of age and under to be or remain upon any street, alley, boulevard, park, other public place, or vacant premises in the City of Monroe between the hours of 9:00 p.m. and 5:00 a.m., unless such person is accompanied by a parent, legal guardian, or other person having legal custody of such minor.

(b)    It shall be the responsibility, obligation and duty of the parent, legal guardian or other person having the legal care and custody of any such person sixteen (16) years of age or under to ascertain and maintain that such person sixteen (16) years of age and under shall not go, be or remain upon any street, alley, boulevard, park, other public place or vacant premises in the City of Monroe between the hours of 9:00 p.m. and 5:00 a.m., unless such minor person is accompanied by a parent, legal guardian or other person having legal custody of such minor. It shall be unlawful for the parent, legal guardian, or other person having the legal care and custody of any person sixteen (16) years of age or under to fail, refuse or neglect to ascertain and maintain that such person sixteen (16) years of age and under shall not violate the provisions of subsection (a) hereinabove.

(c)    It shall not be a violation of this section if the minor is on, about or upon any street, alley, boulevard, park, other public place or vacant premises in the City of Monroe during the time restricted in the sections hereinabove provided the minor is engaged in the following:

(1) Participating in any civic, religious or school-sponsored activity;

(2) Engaged in lawful employment;

(3) In direct and immediate route to or from any of the above.

(d)  Every member of the police department is hereby authorized to detain and to take into custody any such minor, sixteen (16) years of age and under who violates the provisions of subsection (a) herein. Said officer shall immediately cause the parent, legal guardian or other person having the legal care and custody of such minor to be notified of the detention. A citation shall be issued to the minor. The minor shall be referred to the state juvenile authorities for appropriate action on the citation.

(e)  The first violation of the provisions of subsection (a), (b), or (c) of this section 12-230  may be punished under the general penalty provisions contained in section 1-11 of the City of Monroe Code, including community service, probation and suspension of sentence by the presiding judge.

Any second or subsequent violation shall, in addition to any sentence imposed by the presiding judge, be punished by a mandatory sentence of at least thirty-two (32) hours of approved community service.

(f)  It shall be unlawful for any person to aid, abet, urge, entice, assist, encourage or force any person subject to the provisions of section 12-230 to violate or to circumvent the provisions of this section 12-230.

Any juvenile who violates the provisions of this subsection shall be given a citation and referred to the state juvenile authorities for appropriate action.

Any person sixteen (16) years of age who violates the provisions of this subsection shall be given a citation and may be punished under the general penalty provisions contained in section 1-11 of the City of Monroe Code, including community service, probation and suspension of sentence by the presiding judge.

(Ord. No. 9189, 12-20-90; Ord. No. 9196, 1-22-91; Ord. No. 9320, 8-11-92)

This Ordinance was introduced on the  14th day of  December, 2021.

Notice published on the  17th day of  December, 2021.

This Ordinance having been submitted in writing, introduced and published, was then submitted to a vote as a whole, the vote thereon being as follows:

AYES: Harvey, Ezernack, Woods, Marshall & Dawson

NAYS: None.

ABSENT: None.

And the Ordinance was declared ADOPTED on  28th day of  December, 2021.