§ 12-13. Curfew for minors.

(a)

For the purposes of this section, the following definitions shall apply:

Public place means any street, highway, alley, or right-of-way, to include sidewalks, any park, playground, mall, or other place or building open to the public; any cemetery, school yard, body of water or watercourse; any privately or publicly owned place of amusement, entertainment or public accommodation including parking lots, and other areas adjacent thereto; and any vacant lot or land.

School night means any night in which the next day Crisp County schools are open and students must attend classes.

Non-school night always refers to Fridays and Saturdays but also means any night in which the next day Crisp County schools are closed to students. Non-school night encompasses summer break and any school holiday or cancellation.

(b)

It shall be unlawful for any minor under the age of eighteen (18) years to loiter, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots, or any place unsupervised by an adult having lawful authority to be at such places between the hours of 11:00 p.m. on school nights and 6:00 a.m. of the following day; provided, however, that on non-school nights the effective hours are between 12:00 a.m. and 6:00 a.m. of the following day; and provided further that the provisions of this section shall not apply in the following instances:

(1)

When a minor is accompanied by his or her parent, guardian, or other adult person twenty-one (21) years of age or older having the lawful care and custody of the minor.

(2)

When the minor is upon an emergency errand directed by his or her parent, guardian, or other adult person twenty-one (21) years of age or older having the lawful care and custody of the minor;

(3)

When the minor is returning directly home from lawful employment, a school function, or religious activity that makes it necessary to be in the referenced places in subsection (b) of this section during the proscribed period of time;

(4)

When the minor is in a motor vehicle with parental consent for normal travel with interstate and intrastate travel through the city being excepted in all cases from this section; or

(5)

When the minor is an emancipated minor as defined in O.C.G.A. § 15-11-200.

(c)

It shall be unlawful for the parent, guardian, or other person having custody or control of any child under the age of eighteen (18) years to permit, or by insufficient control, to allow such child to be in or upon the public streets or any other places listed in subsection (b) of this section within the city between the hours of 11:00 p.m. on school nights and 6:00 a.m. the following day, or on non-school nights between the hours of 12:00 a.m. and 6:00 a.m. the following day except in circumstances set out in subsections (b)(1) through (5) of this section. A person charged with violation of this section for the first time shall be given a warning citation. Upon subsequent violation, the person shall be charged with such violation and, if found guilty, such person shall be subject to punishment as provided in subsection (e)(1) below.

(d)

Same—During school days.

(1)

If a minor is suspended or expelled from school, that minor's parent or legal guardian, for the duration of the suspension or expulsion, shall:

a.

Personally supervise the minor or arrange for a responsible adult twenty-one (21) years of age or older to supervise the minor at the times that the minor would have been required to be in attendance at school had such minor not been expelled or suspended; and

b.

Prohibit the minor from being in any public place at the times the minor would have been required to be in attendance at school had such minor not been suspended or expelled unless:

1.

The minor is accompanied by his or her parent or legal guardian or a responsible adult, twenty-one (21) years of age or older, selected by the parent or legal guardian to supervise the minor; or

2.

The minor is employed pursuant to an age or schooling certificate during the actual working hours or traveling directly to or from the job site.

(e)

Enforcement.

(1)

A juvenile charged with violation of this section for the first time shall be released to a parent or lawful guardian. The juvenile and the parent/lawful guardian will be issued a warning citation for violating the curfew ordinance.

(2)

Upon subsequent violations of subsection (c) listed above, the parent or lawful guardian shall be charged with such violation and, if found guilty, such person shall be convicted of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed sixty (60) days or by community service up to fifty (50) hours or any combination of fine, community service, and imprisonment.

(3)

Any minor who violates subsection (b) listed above is subject to the jurisdiction of the juvenile court.

(4)

It shall be an affirmative defense if the parent or legal guardian has initiated the jurisdiction of the juvenile court against the minor prior to the time that the minor violated subsection (a) of this section.

(Ord. No. 0-12-07, 8-7-12)