Section 9.32.190 Curfew.

1. "Compulsory school age minor" means a person between six and eighteen years of age that is not exempted and must be attending a public or regularly established private school during the school year of the district in which the minor resides pursuant to Utah Compulsory Education Requirements, Utah Code Annotated 53A-11-101 to -106

2. "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

3. "Establishment" means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

6. "Open campus" means when a compulsory school age minor is allowed by school officials to leave school for lunch purposes.

7. "Operator" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

b. At least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.

9. "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common area of schools, hospitals, apartment houses, office buildings, public transit buses and property, and shops.

b. Fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

11. "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

12. "Truancy hours" means those hours in which a compulsory school age youth should be attending school in the district or jurisdiction in which the student attends school.

a. under the age of sixteen (16) years is upon any sidewalk, street, alley or public place in the City between the hours of 10:00 p.m. and 6:00 a.m. of the following day of any day of the week unless accompanied by an adult duly authorized by the parent or legal guardian, having the care or custody of such minor.

.b. between the age of sixteen (16) years and eighteen (18) years is upon any sidewalk, street, alley or public place in the City between the hours of 11:00 p.m. and 6:00 a.m. of the following day of any day of the week other than Friday or Saturday unless accompanied by an adult duly authorized by the parent or legal guardian, having the care or custody of such minor.

c. between the age of sixteen (16) years and eighteen (18) years on Friday or Saturday of any given week is upon any sidewalk, street, alley or public place in the City between the hours of 1:00 a.m. and 6:00 a.m. of the following day unless accompanied by an adult duly authorized by the parent or guardian, having the care or custody of the minor.

2. A compulsory school age minor commits an offense if she or he remains in any public place or on the premises of any establishment within the City during truancy hours.

3. A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control allows the minor to remain in any public place or on the premises of any establishment within the City under circumstances not constituting a defense as provided in section 9.32.190(C); or if a parent or guardian knowingly permits or by insufficient control allows, a compulsory school age minor to remain in any public place or on the premises of any establishment within the City during truancy hours.

4. The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours; or if she or he knowingly allows a compulsory school age minor to remain upon the premises of the establishment during truancy hours.

b. On an emergency errand at the direction of the minor's parent or guardian, without any detour or stop;

c. In a motor vehicle involved in interstate or intrastate travel with permission of the minor's parent or guardian;

d. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

g. Previously granted an exemption from compulsory education under section 53A-11-102, or 102.5 U.C.A.;

h. The thirty (30) minute period immediately prior to or following and including an official school, religious, or other recreational or community activity supervised by adults and sponsored by the City, a civic organization, or another similar entity that takes responsibility for the minor.

2. It is a defense to prosecution under subsection (B)(4) of this section that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

Before taking any enforcement action under this section, a police officer shall ask the apparent offender for identification documentation, age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection C of this section is present.

A person who violates a provision of this chapter is guilty of a class C misdemeanor for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a minimum fine of one hundred dollars and any other sanctions provided by law and determined appropriate by the Court.

A violation under this section by an adult shall be considered to be in violation of section 53A-11-101 U.C.A for purposes of jurisdiction and the juvenile Court shall have concurrent jurisdiction with the Justice Court for purposes of adjudication of allegations hereunder.