HomeMy WebLinkAbout069 - 06/06/1995 - REPEALING AND REENACTING CITY CODE PERTAINING TO CURFEW FOR JUVENILES (NO ACTION TAKEN) ORDINANCE NO. 69, 1995
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING SECTIONS 17-81 AND 17-82 OF THE CITY CODE AND
EENACTING SECTION 17-81 OF THE CITY CODE PERTAINING
TO CURFEW FOR JUVENILES
WHEREA , in the past few years, the City of Fort Collins has been experiencing increasing
juvenile crime; and
WHEREAS, thi increasing juvenile crime can be attributed, in part, to criminal acts by
juveniles occurring during he late hours of the evening and the early hours of the morning; and
WHEREAS, to stem ris rising tide ofjuvenile crime and protect the public health, safety
and general welfare of the citiz is of Fort Collins, the City Council has determined that a narrowly
tailored juvenile curfew ordinan -e can be an effective mechanism for curtailing juvenile criminal
activity, while respecting the righ of juveniles engaged in lawful night time activities; and
WHEREAS, the City current has a curfew ordinance found at Section 17-81 of the City
Code which prohibits persons under 1 years of age from being in a public place between 12:00
midnight and 5:00 a.m., unless they are .ccompanied by an adult; and
WHEREAS, recent court decisions , ggest that the City's present curfew ordinance may be
too restrictive and, therefore, unenforceable; Ind
WHEREAS, it is therefore necessary for he Council to repeal the current Section 17-81 and
replace it with a curfew ordinance that is not as i strictive; and
WHEREAS, by enacting such a curfew ord\adoption
ty Council finds that four legitimate
state interests are served: (1) protection of juvenilether and from other persons on the
street during nighttime hours; (2) protection of the octurnal mischief by juveniles; (3)
reduction of juvenile criminal activity; and (4) ement of parental control of and
responsibility for their children; and
WHEREAS,the City Council finds that thehis Ordinance will serve to facilitate
and accomplish these four legitimate state interest
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS- as-follows:
Section 1. That Sections 17-81 and 17-82 of the Code of the City of Fort Collins
(pertaining to curfew and loitering of children, respectively) are herebyiealed, and Section 17-81
is reenacted, with the existing Section 17-83 renumbered accordingly, to ead as follows:
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Sec.47-81. Curfew,for Juveniles..
(a) No person under the age of seventeen (17) years 11 shall be or remain in or upon
any public place within the city between the hours of 11:00 p.m. on any Sunday
through Thursday of each week and 5:00 a.m. of the next"day and between the hours
of 1230 a.m. and 5:00 a.m. on any Saturday and Sunday of each week except,
however, that the provisions of this paragraph (a) shall not apply to a person under
the age of seventeen (17) years who is:
(1) engaged in lawful employment;
(2) accompanied by a'parent, guardian or other person twenty,=qne (21)years of
age or older having written permission from the'parentor;guardianjto have
the care or custody of such person;
(3) upon an errand directed by the parent or guardian of such person;
(4) exercising First Amendment rights protected by the United .States
Constitution and by similar provisions of the Colorado Constitution such as
the free exercise of religion, freedom of speech, and the right of assembly;;'
(5) attending a school-sponsored activity or event;;
(6) traveling'either on foot or in`or upon any conveyance directly to or from.any
activity specified in subparagraphs (1)through (5) of this paragraph (a) and
the person's residence; or
(7) engaged, with permission from a parent or guardian, in interstate travel
through the City or originating or terminating in the City;
(b) It is unlawful for any parent, guardian or other person twenty=one(2'1)years of
age or older Ihaving the responsibility for the care and'custody of a person under the
age of seventeen (17) to knowingly permit or neglectfully allow such person to
violate'paragraph (a) of this section;
Section 2. Severability. 1f any word, clause, sentence, paragraph or other part of this
ordinance shall be judged by any court of competent jurisdiction to be invalid, such judgment shall
not effect, impair or invalidate the remainder thereof, but shall be confined in its operation to the
word, clause, sentence,paragraph or other part thereof,directly involved in the controversy in which
such judgment shall have been rendered.
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Introduced, considered favorably on first reading, and ordered published this 16th day of
May, A.D. 1995, and to be presented for final passage on the 6th day of June, A.D. 1995.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of June, A.D. 1995.
Mayor
ATTEST:
City Clerk
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