§ 62-89. Curfew hours for minors.

(a)

Definitions.

(1)

Curfew hours shall mean:

a.

11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and

b.

11:59 p.m. on any Friday or Saturday until 6:00 a.m. of the following day.

(2)

Minor means any person under 17 years of age who has not been emancipated under Louisiana law.

(3)

Custodian means 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, or a person to whom the care or supervision of the child has been temporarily and lawfully delegated or assigned.

(4)

Public place means any public street, private street, sidewalk, corner, road, highway, avenue, alley, park, playground, wharf, dock, public building, and appurtenant open space, vacant lot or other place used by or open to the public.

(5)

Establishment means any privately owned place where business is carried on for a profit or any place of amusement or entertainment to which the public is invited.

(6)

Remain means to tarry, stay, loiter, idle, wander, stroll, or play.

(7)

Permit means 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.

(8)

Emergency means any circumstance, situation, or occurrence which may produce or result in serious consequences and required immediate action. An emergency includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent substantial property damage or serious injury or loss of life.

(9)

Direct route means the shortest path of travel through a public place to reach a final destination without any detour or stop along the way.

(b)

Offenses.

(1)

A minor commits an offense if he remains in any public place or on the premises of any establishment during curfew hours.

(2)

A custodian of a minor commits an offense if he knowingly permits or by insufficient control allows a minor to remain in any public place or on the premises of any establishment during curfew hours.

(c)

Defenses. The following are defenses to violations charged under this section:

(1)

This section shall not apply to minors who are:

a.

Accompanied by the minor's custodian.

b.

On an errand at the direction of the minor's custodian and while using a direct route.

c.

In a motor vehicle involved in interstate travel.

d.

Engaged in an employment activity pursuant to the minor's custodian's direction, or going to or returning home from such an employment activity and using a direct route.

e.

Involved in an emergency.

f.

On a sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor, absent a complaint communicated to a police officer by the next-door neighbor concerning the minor's presence.

g.

Attending an official school, religious, or other recreation activity supervised by adults or sponsored by the City of Lafayette or another public body, a civic organization, or other similar entity that takes responsibility for the minor, or going to or returning home from such an activity by a direct route.

h.

Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly.

(d)

Penalties.

(1)

Any minor who violates the provisions of this section, upon the first offense, will be given a warning, to include notification of the specific illegal conduct observed and of the consequences of subsequent violations. The minor's custodian will also be issued written notice of a first offense which will include a description of the illegal conduct and the consequences of subsequent violations.

(2)

Any minor found to be in violation of the provision of this section, upon a second offense within a 24-month period, shall be adjudicated a delinquent child, as defined by Ch. C. art. 804(4), shall be found guilty of a misdemeanor-grade delinquent act, as defined by Ch. C art. 804(8), and shall be punished by one or more of the following:

a.

An appropriate amount of community service not to exceed 30 hours;

b.

A transfer of custody of the minor from the minor's custodian to the department of youth services and corrections for a period not to exceed 90 days.

(3)

Any custodian of a minor found to be in violation of this section, upon a second offense within a 24-month period, shall be found guilty of a misdemeanor which shall be punishable by one or more of the following:

a.

A fine of not less than $50.00 and not more than $500.00.

b.

An appropriate amount of community service not to exceed 30 hours.

(4)

Notwithstanding the provision of subsection (d)(3) of this section, if a court of competent jurisdiction finds that the custodian of a juvenile has exercised reasonable diligence in order to prevent a violation under this section, the court shall not impose any penalty upon the custodian but may impose any penalty which is appropriate under this section upon the juvenile found in violation thereof.

(City Code 1965, § 10-89; Ord. No. O-265-2004, § 2, 11-16-04)