CHAPTER 11. PUBLIC OFFENSESCHAPTER 11. PUBLIC OFFENSES\Article 3. Juvenile Curfew

(a)   City: means the City of Pleasanton, Kansas.

(b)   Emancipated Minor: means a minor who no longer has a parent-child relationship as a result of marriage, or as a result of being recognized as an adult by order of a court of competent jurisdiction.

(c)   Legitimate Parentally Approved Errand:  means a minor performing a necessary task directed by the minor’s parent(s), and the nonperformance of the errand, or delay would result in injury or undue hardship.

(d)   Minor:  means any unemancipated or unmarried person under the age of 18 years of age.

(e)   Parent:  is any person having legal custody of a minor as; a natural parent, adoptive parent, legal guardian, or person to whom the court has given or ordered legal custody.

(f)   Public Place:  means a publicly or privately owned place to which the general public or substantial numbers of people have access. A public place does not include the residence of a minor, or the residence of a minor’s parent or responsible adult.

(g)   Responsible Adult:  means a person at least 21 years of age to whom a parent has expressly given permission to accompany a minor.

(Code 2014)

(a)   It shall be unlawful for any minor to loiter, idle or congregate or be upon  the streets, sidewalks, parks, playgrounds, public places, and vacant lots, or ride upon, drive or otherwise operate or be a passenger in any automobile, bicycle, or other vehicle in, upon, over, or through the streets or other public places within the city between the following hours:

(1)   On Sunday through Thursday from 11:00 p.m. to 5:00 a.m. the next morning (6 hours)

(2)   On Friday and Saturday evening from 12:00 a.m. (midnight) to 5:00 a.m. the next morning (5 hours)

(Code 2014)

(a)   It shall be unlawful for a child under the age of 18 years to wander, lounge, load, loiter or play in, about or upon any public street, alley, sidewalk, vacant lot, public place or other place normally accessible to the general public for public use, whether on foot or in a vehicle or any other means after the hour of 10:00 p.m. and before the hour of 6:00 a.m. on the dates of October 29th, 30th, 31st, and November 1st.  It shall be unlawful for any parent or legal guardian of any child under the age of 18 years to suffer, permit or allow any such child to wander, lounge, loaf, loiter or play in, about or upon any public street, alley public for public use, during the hours of curfew applicable to such child unless such child is accompanied by a parent or legal guardian.

(b)   Exceptions. The curfew restriction set out in subsection (a) shall not apply under the following circumstances:

(1)   When a person under 18 years of age is accompanied by his/her parent or guardian.

(2)   When a person under 18 years of age is attending a school function or other activity under the supervision of a school or sponsored by parents or while returning home from any such function or activity by way of the most direct route.

(3)   When a person under 18 years of age is going to or from a place of lawful employment by way of the most direct route or is on an emergency errand.

(c)   Possession of Eggs Prohibited. It shall be unlawful for any person to have or exercise control over any kind of eggs while on or in any public area including but limited to streets, highways, roads, parks, and parking lots within the city. Further, it shall be unlawful to throw or project such eggs onto any such public area or any person or property located or traveling on such public area or roadway. The provisions of this section shall apply to the following calendar days beginning and ending at the time specified:

Beginning 12:00 midnight on October 29th to 12:00 midnight on November 2nd each year.

(d)   It shall be unlawful for a parent, legal guardian, person who stands in loco parents, or a person to whom legal custody has been given by a court order of any minor person under eighteen years of age to knowingly permit or by inefficient or lack of control allow such minor person to violate any section of this article.

(Code 2014)

(a)   When the minor has been duly notified or been issued a notice to appear before the municipal court of the City of Pleasanton, Kansas, by a duly appointed law enforcement officer working as a uniformed police officer for the city and had been convicted of the offenses as stated in Section 11-302 they shall be punished by a fine not to exceed $100.00 or be granted community service as outlined by the municipal court.

(b)   When a parent, guardian, or responsible adult of any minor has been duly notified or been issued a notice to appear before the Municipal Court of the City of Pleasanton, Kansas, by a duly appointed law enforcement officer working as a uniformed police officer for the city, and has been convicted of the offenses as state in Section 11-302 they shall be punished by a fine not to exceed $100.00 or be granted community service as outlined by the municipal court.

(Code 2014)

(a)   The minor curfew ordinance does not apply in the following cases:

(1)   At any time the minor is accompanied by a parent or responsible adult authorized by the parent to take the parents place to accompany the minor for a designated period of time and purpose within a specified area.

(2)   If the minor is employed for a period of time 45 minutes after work, provided that circumstances suggest the minor is returning from work to a place of residence.

(3)   When a minor is returning home from an activity that is supervised by adults and sponsored by the city, civic organization, or public or private school, or any entity that takes responsibility for the minor provided that the activity has not concluded for more than 45 minutes prior to contact with the minor.

(4)   At any time the minor is on a legitimate parentally approved errand.

(5)   At any time the minor is on a trip in interstate commerce.

(6)   At any time the minor is required to leave a residence because of an emergency.

(7)   At any time, the minor is engaged in an activity that is protected by the First Amendment to the United States Constitution, or the freedom of speech, religion, or expression provisions of the Kansas State Constitution.

(Code 2014)