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2022-01-26 City Code
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2022-01-26 City Code
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2/1/2022 8:25:20 AM
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(1) The following shall constitute valid exceptions to the operation of the curfew: <br /> <br />(a) At any time, if a juvenile is accompanied by his or her parent or an authorized adult; <br /> <br />(b) At any time, if a juvenile is involved in an emergency or attempting to remedy, alleviate <br />or respond to an emergency; <br /> <br />(c) If the juvenile is engaged in a lawful employment activity, or is going to or returning <br />home from his or her place of employment; <br /> <br />(d) If the juvenile is attending an official school, religious or other social or recreational <br />activity supervised by adults and sponsored by a city or the county, a civic organization <br />or another similar entity that takes responsibility for the juvenile; <br />(e) If the juvenile is going home or returning home from, without any detour or stop, an <br />official school, religious or other recreational activity supervised by adults and sponsored <br />by a city or the county, a civic organization or another similar entity that takes <br />responsibility for the juvenile; <br /> <br />(f) If the juvenile is on an errand as directed by his or her parent, without any detour or stop; <br /> <br />(g) If the juvenile is engaged in interstate travel; <br /> <br />(h) If the juvenile is on the public right-of-way, boulevard or sidewalk abutting the juvenileÓs <br />residence or abutting the neighboring property, structure or residence; <br /> <br />(i) If the juvenile is exercising First Amendment rights protected by the United States <br />Constitution (or those similar rights protected by Minnesota Constitution Article 1), such <br />as free exercise of religion, freedom of speech and the rights of assembly; or <br /> <br />(j) If the juvenile is homeless or uses a public or semi-public place as his or her usual place <br />of abode. <br /> <br />(2) It is an affirmative defense to prosecution under division (D)(5) of this section that: <br /> <br />(a) The owner, operator or employee of an establishment promptly notified the Police <br />Department that a juvenile was present on the premises of the establishment during <br />curfew hours and refused to leave; and/or <br /> <br />(b) The owner, operator or employee reasonably and in good faith relied upon a juvenileÓs <br />representations of proof of age. Proof of age may be established pursuant to M.S. § <br />340A.503, Subdivision 6, as may be amended, or other verifiable means, including but <br />not limited to school identification cards and birth certificates. <br /> <br />(F) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the <br />apparent offenderÓs age and reason for being in a public place. The officer shall not issue a citation or <br />246tğŭĻ <br /> <br />
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