It shall be unlawful for any person described hereinbelow (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 place 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:

(a)   For a person less than thirteen (13) years of age during the hours of 10:00 p.m. until 5:00 a.m. on the following day;

(b)   For a person at least age thirteen (13) years of age but less than sixteen (16) years of age during the hours of 12:01 a.m. until 5:00 a.m. on any day of the week.

(Ord. 1714, Sec. 1; Code 2018; Ord. 2004)

It is a defense to prosecution under Section 11-301 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 2018)

Except in circumstances set out in Section 11-302, 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 2018)

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 11-302 is present.

(Ord. 1714, Sec. 4; Code 2018)

(a)   Any police officer finding a minor violating the provisions of this Article on a curfew shall warn the juvenile to desist from such violation and direct such juvenile to immediately go home. The officer shall cause a written notice to be served upon the parent or guardian of such juvenile, setting forth the manner in which the provisions of this Article have been violated. For the purposes of this section, notice shall be deemed properly served upon such parent or guardian of the juvenile if a copy thereof is served upon him or her personally, upon another adult residing at such usual place of residence of such parent, guardian, or if a copy thereof is sent by certified mail, return receipt requested, to his or her last known address as evidenced by a signed return receipt.

(b)   Any parent, guardian or person having the care and custody of a juvenile who shall permit, or by insufficient control allows, such juvenile to violate the provisions of this Article after receiving written notice that such juvenile has previously violated such provisions shall be subject to a mandatory, minimum fine of one hundred dollars ($100) and a maximum fine of five hundred dollars ($500), plus costs, for the first such offense and a mandatory, minimum fine of two hundred dollars ($200) and a maximum fine of five hundred dollars ($500) plus costs, for a second or subsequent such offense.

(Ord. 1714, Sec. 5; Code 2018; Ord. 2004)