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Section 11-19 Curfew for minor children.
(a) As used in this section, the term: Minor shall mean any unemancipated person below the age of eighteen (18) years. Public place means any street, highway, alley or right-of-way to include sidewalks, parks, playgrounds, cemeteries, school grounds and any other place or building open to the public, to include any body of water or water course, any privately or publicly owned place of amusement, entertainment or public accommodation, including parking lots and other areas adjacent thereto, and any vacant lot of land whether publicly or privately owned. (b) It shall be unlawful for any minor to wander about, stroll upon, play in or upon or otherwise be at any public place while unsupervised by an adult or adults having the lawful authority to be at such place, between the hours of 11:00 p.m. and 5:00 a.m. on the following day from Sunday through Thursday and between the hours 12:00 midnight on Friday and 5:00 am. on Saturday and between the hours of 12:00 midnight on Saturday and 5:00 a.m. Sunday; and provided further, that the provisions of this section shall not apply in the following instances: (1) When a minor is accompanied by his or her parent, guardian or other adult person having the lawful care and custody of the minor; (2) When the minor is upon an emergency errand directed by the minor’s parent or guardian or other adult person having the lawful care and custody of such minor; (3) When the minor is returning directly home from a school activity or entertainment, school sponsored or school related sports event, recreational activity, dance or similar activity; (4) When the minor is returning directly home from lawful employment which makes it necessary for the minor to be at one (1) or more of the above-referenced places during the proscribed period of time; (5) When the minor 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 minor is in a motor vehicle with parental consent for normal travel with interstate travel through the city; (7) When the minor is on the property of or the sidewalk immediately adjacent to the building in which the minor resides; (8) The minor is accompanied by the minor's parent or parents, legal guardian or other adult person having the legal care or custody of the minor, or by the minor's spouse who is eighteen (18) years of age or older. (c) It shall be unlawful for the parent, guardian or other adult person having custody or control of any minor to knowingly and willfully allow such minor to be in or upon any public place within the city between the hours of 11:00 p.m. and 5:00 a.m. the following day from Sunday through Thursday and between the hours of 12:00 midnight on Friday and 5:00 a.m. on Saturday and between the hours of 12:00 midnight on Saturday and 5:00 a.m. on Sunday, except in the circumstances set out in subsections (b)(1) through (8), above. Upon a violation of this subsection for the first time, such a person shall be given a warning in writing by the law enforcement officer who has determined that such a violation has taken place. Such a warning shall be entered on the computer records of the city police department. Within thirty-six (36) months of the date of the issuance of any warning citation as described herein, an adult person who is again in violation of this subsection shall be subject to such punishment as the municipal court of the city may impose, subject to all limitations contained in the charter of the city. Each violation of this subsection shall constitute a separate offense. (d) Any police officer of the city while on duty is hereby empowered to take into custody any minor who violates any provision of subsection (b). Upon a police officer's taking into custody such a minor, the minor shall be returned immediately to the custody of the parent, guardian or other person charged with the care and custody of the minor. If the police officer taking such a minor into custody is unable to locate the parent, guardian or other person charged with the custody and care of the minor as called for herein, the minor may be detained under the provisions of O.C.G.A. 15-11-19(e). The provisions of this article shall not be read or interpreted to contravene any provision of O.C.G.A. 15-11-1 et seq. or to limit the authority of the city police department thereunder. (Ord. of 9-11-95, I)
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