§ 50-238. Entertainment districts: extended curfew for persons under 18 years of age.

(a)

Definitions. For purposes of this section, the following areas shall be considered entertainment districts to which this extended curfew for persons under 18 years of age applies:

(1)

18th & Vine District Area means the area generally described as the area between 17th Terrace (John Buck O'Neil Way) on the north, Woodland on the east, 19th Street on the south, and The Paseo on the west. The 18th and Vine District Area includes the public areas on both sides of the named boundaries.

(2)

Central Business District Area means the area generally described as the area between the Missouri River on the north, Broadway on the west, Holmes on the east and Pershing Road on the south. The Central Business District Area includes the public areas on both sides of the named boundaries.

(3)

Country Club Plaza Area means the area generally described as the area between 46th Terrace on the north, J.C. Nichols Parkway on the east, Ward Parkway on the south and Jefferson on the west. The Country Club Plaza Area includes the public areas on both sides of the named boundaries.

(4)

Westport Shopping District Area means the area shown on Exhibit D attached hereto and generally described as the area between 39th Street on the north, Main Street on the east, 43rd Street on the South and Southwest Trafficway on the West, shall be known as the Westport Shopping District Area. The Westport Shopping District Area includes the public areas on both sides of the named boundaries.

(5)

Zona Rosa Shopping District Area means the area shown on Exhibit E attached hereto and generally described as the area between Missouri Highway 152 on the north, Interstate 29 on the east, to Barry Road on the south, to Northwest Prairie View Road, to Northwest 86th Terrace and to North Congress Avenue on the west, shall be known as the Zona Rosa Shopping District Area. The Zona Rosa Shopping District Area includes the public areas on both sides of the named boundaries.

(b)

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 within any Entertainment District 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 9:00 p.m. on any day and 6:00 a.m. of the following day; provided that the provisions of this section shall not apply in the following instances:

(1)

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;

(2)

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;

(3)

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

(4)

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;

(5)

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;

(6)

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

(7)

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.

(c)

It shall be unlawful for the parent, guardian or other person having custody or control of any person 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 subsection (b) within any entertainment district between the hours of 9:00 p.m. and 6:00 a.m. on the following day, except in circumstances set out in subsections (b)(i) through (vii) of this section.

(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.

(Ord. No. 110646, § 2, 8-18-11)