§ 8-107. Curfew for juveniles.

(a)

Definitions. The following definitions shall apply to this section:

Juvenile: Any person under the age of seventeen (17) years.

Custodian: A parent as defined in Louisiana Children's Code, article 116, or a person with legal custody as defined in Louisiana Children's Code, article 116, whom the care or supervision of the juvenile has been temporarily and lawfully delegated or assigned, or if the juvenile does not reside with any of the aforementioned, then, in that case, "custodian" shall mean any adult with whom the juvenile resides.

Adult: Any person who has reached the age of eighteen (18) or older.

Public place: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, sidewalks, corners, avenues, alleys, parks, playgrounds, public buildings, vacant lots or other public places.

Remain: To unnecessarily tarry, stay, loiter, idle, wander, stroll, or play, or 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.

Permit: To knowingly allow or knowingly fail to prevent; or to fail to prevent due to lack of reasonable efforts or concern or due to failure to supervise or control.

Emergency: An unforeseen circumstance or the resulting state that demands for immediate action including, 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.

Reasonable errand: The activity of a juvenile pursuant to a custodian's direction in a public place in order to accomplish an emergency mission or a legitimate family function in a normal and customary fashion considering the time of day or going to or returning home from such an activity without any detour or stop.

(b)

Offenses:

(1)

A juvenile may not remain in a public place or on the premises of an establishment between the hours of 11:00 p.m. and 5:00 a.m., except on Friday and Saturday nights, when the hours shall begin at 1:00 a.m. and end at 5:00 a.m.

(2)

A parent/custodian may not permit or by insufficient control allow a juvenile under their care or custody to violate this section.

(c)

Exceptions. This section does not apply to juveniles who are:

(1)

Accompanied by parent/custodian;

(2)

On a reasonable errand;

(3)

Engaged in lawful employment;

(4)

Involved in an emergency;

(5)

Attending an official school, religious or other recreational activity supervised by an adult.

(d)

Enforcement. Upon reasonable belief, based upon the juvenile's statements and the surrounding circumstances to believe a curfew violation has occurred, the officer may:

(1)

Counsel and release the juvenile;

(2)

Escort the juvenile to his/her home;

(3)

Release the juvenile to the care of his/her custodian or other responsible adult;

(4)

Issue a misdemeanor summons to his/her parent/custodian(s).

(e)

Penalties:

(1)

A custodian found in violation of this section shall be fined not more than five hundred dollars ($500.00) or sentenced for not more than six (6) months in jail or both.

(2)

A juvenile violating this ordinance is subject to the jurisdiction of Twentieth Judicial District Juvenile Court.

(Ord. No. 1996-1, 1-9-96)