§ 50-237. Citywide curfews for persons under 18 years of age.

(a)

Curfews from and including the Friday preceding Memorial Day through the last Sunday of September.

(1)

Curfew for persons under 16 years of age. From and including 12:01 a.m. on the Friday preceding Memorial Day each year through 12:00 midnight of the last Sunday of September of each year, it is unlawful for any person under 16 years of age to loiter, wander, stroll or play in or upon the public streets, highways, roads, sidewalks, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots or any place unsupervised by an adult having the lawful authority to be at such places, between the hours of 10:00 p.m. on any day and 6:00 a.m. of the following day; and provided that the provisions of this section shall not apply in the following instances:

a.

When a person under 18 years of age is accompanied by his or her parent, guardian or other adult person having the lawful care and custody of such person;

b.

When the person under 18 years of age is upon an emergency errand directed by his or her parent or guardian or other adult person having the lawful care and custody of such minor;

c.

When the person under 18 years of age is returning directly home from a school activity, entertainment, recreational activity or dance;

d.

When the person under 18 years of age is returning directly home from lawful employment that makes it necessary to be in the places referenced in this section during the prescribed period of time;

e.

When the person under 18 years of age is attending or traveling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly or free exercise of religion;

f.

When the person under 18 years of age is in interstate travel through the city or in travel through the city from one city or unincorporated portion of a county abutting Kansas City to another city or unincorporated portion of a county abutting Kansas City; or

g.

When the person under 18 years of age is attending an event for which the city has specifically approved the presence of unaccompanied persons under 18 years of age upon city property.

(2)

Curfews for persons of 16 years of age and under 18 years of age. From and including 12:01 a.m. on the Friday preceding Memorial Day each year through 12:00 midnight of the last Sunday of September each year, it is unlawful for any person 16 years of age and under 18 years of age to loiter, wander, stroll or play in or upon the public streets, highways, roads, sidewalks, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots or any place unsupervised by an adult having the lawful authority to be at such places, between the hours of 11:00 p.m. on any day and 6:00 a.m. of the following day; and provided that the provisions of this section shall not apply in the instances enumerated above in subsections (a)(1)a—-g.

(b)

Curfews for remainder of the year. For the remainder of the calendar year, it is unlawful for any person under 18 years of age to loiter, wander, stroll or play in or upon the public streets, highways, roads, sidewalks, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots or any place unsupervised by an adult having the lawful authority to be at such places, between the hours of 11:00 p.m. on any day and 6:00 a.m. of the following day on a Sunday through Thursday or between the hours of 12:00 midnight and 6:00 a.m. of the following day on a Friday or a Saturday; and provided that the provisions of this section shall not apply in the instances enumerated above in subsections (a)(1)a—g.

(c)

Responsibility of parent, etc. It shall be unlawful for the parent, guardian or other person having custody or control of any under the age of 18 years to permit, or by insufficient control to allow, such person under the age of 18 years to be in or upon the public streets or any other places listed in subsections (a) or (b) within the city in violation of a curfew set out therein, except in circumstances set out in subsections (a)(1)a—g.

(d)

Penalties.

(1)

Upon conviction of a violation of subsection (c), a parent, guardian or other person having custody or control of any person under the age of 18 years shall be subject to a fine not to exceed $500.00 and costs. In lieu of a fine, the court may impose probation provided that a condition of probation is attendance at family counseling sessions by the parent and the person under the age of 18 years at the time of the violation.

(2)

No person under the age of 18 years shall be prosecuted for a violation of subsection (a). However, the police department and other law enforcement officials are authorized to detain any person under the age of 18 years in violation of subsection (a) until either released to that person's parent, guardian or other person having custody or control of such person under the age of 18 years or 6:00 a.m. the following day, whichever occurs first.

(e)

On a semiannual basis, the police department shall report to the council the number of arrests under this section, the location of the arrests and the race of persons so arrested.

(f)

On a semiannual basis, the municipal court shall report to the council on the disposition of arrests and convictions under this section.

(g)

Nothing in this section shall affect the authority of the mayor to impose a curfew.

(Code of Gen. Ords. 1967, § 26.138; Ord. No. 910678, 8-22-91; Ord. No. 110646, § 1, 8-18-11)

Cross reference

Prohibited acts in places of amusement, § 12-6.