CHAPTER XIV. PUBLIC OFFENSESCHAPTER XIV. PUBLIC OFFENSES\ARTICLE 3. CURFEW

It shall be unlawful for any person under the age of sixteen (16) years (hereinafter referred to as “juvenile”) to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, sidewalks, parks, playgrounds or other public grounds, public places or public buildings, places of amusement or entertainment, eating places, vacant lot or any other place normally accessible to the general public for public use, within the City Limits of Russell, Kansas, whether on foot or inside a motor vehicle or by any other means, during the hours of 12:01 o’clock A. M. until 5:00 o’clock A.M. on any day of the week.

(Ord. 1714, Sec. 1; Code 2017)

It is a defense to prosecution under Section 14-301 in the following instances:

(a)   When a juvenile is accompanied by his or her parent, step-parent, guardian or other adult having the lawful care, custody and control of the juvenile;

(b)   When a juvenile is upon an emergency errand directed by his or her parent, guardian or other adult person having the lawful care and custody of the juvenile. 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, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life;

(c)   When a juvenile is returning directly home, by the most direct and efficient route, from a school activity, authorized entertainment, authorized recreational activity or dance (the term “authorized” as used herein shall denote prior authorization by a parent, legal guardian or other person exercising legal control);

(d)   When a juvenile is returning directly home, by the most direct and efficient route, from lawful employment that makes it necessary to be in the above-referenced places during the prescribed period of time;

(e)   When a juvenile is on the sidewalk abutting a juvenile’s residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police officer about a juvenile’s presence;

(f)   When a juvenile is attending or traveling directly to or from any activity involving the exercise of first amendment rights of free speech, freedom of assembly or free exercise of religion; and

(g)   When a juvenile is in the interstate travel through the city.

(Ord. 1714, Sec. 2; Code 2017)

Except in circumstances set out in Section 14-302, it shall be unlawful for the parent, guardian or other adult person having the care and custody of a juvenile under the age of 16 years to permit the juvenile, whether knowingly or through ineffective control or supervision, to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, sidewalks, parks, playgrounds or other public grounds, public places or public buildings, places of amusement or entertainment, eating places, vacant lot or any other place normally accessible to the general public for public use, whether on foot or in a motor vehicle or by any other means, during the hours of 12:01 o’clock A.M. until 5:00 o’clock A.M. on any day of the week.

(Ord. 1714, Sec. 3; Code 2017)

Before taking any enforcement action under this article, a police officer shall ask the apparent offender’s age and reason for being in a public place. The officer shall not issue a citation or make an arrest under this article unless the officer reasonably believes that an offense has occurred and that based on any responses and other circumstances, no defense in Section 14-302 is present.

(Ord. 1714, Sec. 4; Code 2017)

Any officer finding a juvenile violating this article shall warn the child to desist from such violation and immediately return home and shall promptly report the violation

(Ord. 1714, Sec. 5; Code 2017)