2002-04-02 P &Z Agenda - Laserfiche WebLink

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FEB-28-2002 13:05 U1c z.,;.g.../~ ou.. 011. ""-"'I.....a-. LEA~UE OF MN CITIES P.t33/34 ClassUl.catiOll MllDfclpaJlty Date ReulU'ch and Infor1lllltJon S~rvicl!; It shall Olil unlawful fOf any owner, operator, or any employee of an establishment to knowingly allow a minor to remain upon the premises 01 the establishment dl.lrtnS curfew hours,' SECTIONS, Exceptions. The fOlloWing shall constlll.lte valid exceptions 10 the operation of the curlew, That the minor was: accompanied by the minor'S parent or guardian; on an errand at the direction of the minor's parent or guardian, w~h- out any detour or stop; in a mctor vehicle involved in Interstste travel; engaged in an employment activity, or going to or returning home from an employment aotivity, I without any detour or stop; :1 involved in an emergency; :,j on the sldtlwalk abutting the 'i minor'S residenoe or abutting the t residence of a next-door neighbor If I, the neighbor did not ccmplain to the ~pollce department about the minor's 'I' preeence; attending an official schoof, reii- gious, or other recreational activity 'superviSed by adults and sponsored py a civic. organization , or an?t~,er ~imilar entity that takes responsIbility pr the minor, or gOing to or returning ~ome from, without any detour or ]'10P, an official scheel, religious. or ther recreational activity supervised -1Y adults and sponsored by a civic - ,rganization, or another simiiar enti- ( that lakes responsibility for Ihe , )inor; : exercising First Amendment Ql rights protected by the Uniled Slates the practicality of enforcing the Constitution, such as Ihe free exer- orclnance and any problem~ wilM else of religiouS, freedom or speech, entorcement Identified by the end the right of aSSflmbly; Hermantown police department; or married Of had been mamed. the impact of the ordinance on It is a defense to prosecution crime statistics; uncler Section 2 that the owner, the number ot perlions succass- opera10r or employee of an eslab- fully prosecuted for a violation of the 'lishmant promplly notified the p,otlce ordinance; and department that a minor was present the City'S' net cost Of enforcing 'on the premises of the establishment the ordinance, during ourfew hours and refused to SECTION 7. Miscellaneous. leave. That the terms and provisions of the SeCTION 4. Entorcement. ordinance are severable. If any pro- Before taking anyenforcament vision of this ordinance is, for any action under this seetlon, a police reason, held to be invalid, such deci- officer Shall,ask the apparent otfand- sian shall not etfact the validity of the ers age and reason for being in the remaining portions of this ordinance. public place. The officer Shall not It 1& intended thOlt this Ordinance be Issue a citation or make an arrest held inapplicable in such cases, if under this section unless the officer any, Where its application w9uld bil reasonably believes that an offense unconstitutional. has ocol.lrred and that, based on any SECTION 8. Added to Code. response and other circumstances. Upon adoption' the' terms and provi- no defense in Section S is present. aione of this Ordinance shall be SECTION 5, Penalties. added'to the Hermantawn City Code A person who vloiates Ii previ- in the appropriate place and sian of this chapter is guilty ot a sep- assigned an appropriate article num. i, arate offense for each day or part of ber and section numbers and olher- I, a day during which tM violation Is wise made part of the Hermantown committed, continued. or permitted. City Code. Any minor who Is convicted of a SECTION 9. EHeetlve Date. violation ot this ordinance and any That this ordlnanoe shall take effect aoutt person having the care and immediateiy from and atter its pas- cwstody of ~uch minor, Is guilty of i!l sage and publication according to petty misdemeanor and shall be law. punished by a fine not to exceed I , $200.00 I SECTION 6. Review and! Report. Within one year after the in;- ! tial effective date of thi~ ordinance, the Chief of Polioe shall review this ordinance and report and make rec- ommendations 10 the City Council concerning the effectiveness of and the contlnUI ng need for the ordi- nanes. The Chief of Police'a report , Shall specifically incluoe the foliOw- ing information: