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OFFENSES AND MISCELLANEOUS PROVISIONS» ARTICLE XIII. -JUVENILE CURFEW PROGRAM
ARTICLE XIII. - JUVENILE CURFEW PROGRAM
Editor's note —Ord. No. 94-1, adopted Jan. 18, 1994,
included herein at the discretion of the editor as Art
21, 1995, enacted juvenile curfew provisions, which
94-1, adopted Jan. 18, 1994. History notation to said
purposes.
Sec. 21-201. - Short title and applicability.
Sec. 21-202. - Legislative intent, findings and purposes.
Sec. 21-203. - Definitions.
Sec. 21-204. - Curfew of juveniles.
Sec. 21-205. - Exceptions.
Sec. 21-206. - Procedures.
Sec. 21-207. - Responsibility of parents.
Sec. 21-208. - Responsibility of operators.
Sec. 21-209. - Notice.
Sec. 21-210. - Penaltv or remedy for violations.
Sec. 21-211. - Enforcement.
Sec. 21-212. - Severabilitv.
Sec. 21-213. - Effective date.
Sec. 21-214. - Sunset provision.
Secs. 21-215-21-219. - Reserved.
Sec. 21-201. - Short title and applicability.
(a)
(b)
amended the Code by the addition of provisions which have been
. XIII, §§ 21-201-21-214. Subsequently, Ord. No. 95-208, adopted Nov.
have been included herein as superseding the provisions of Ord. No.
Ord. No. 94-1 has been retained within this article for reference
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This article may be cited as the "Miami -Dade County Juvenile Curfew Ordinance."
The provisions of this article are hereby declared to have county -wide effect.
(Ord. No. 94-1, § 1, 1-18-94; Ord. No. 95-208, § 1, 11-21-95)
Sec. 21-202. - Legislative intent, findings and purposes.
(a)
(b)
(c)
(d)
This commission hereby finds and determines as a matter of fact that Miami -Dade County is facing a mounting crisis caused
by increasing crime, including juvenile crime and delinquency which threatens peaceful citizens, residents, and visitors. This
commission further determines that this criminal activity, both individually and collectively, presents a clear and present
danger to the citizenry and to the public order and safety. The economic cost of crime in Miami -Dade County continues to
drain existing resources. Additionally, the effect on victims, both economic and psychological, is traumatic and tragic.
This commission finds that fighting crime effectively requires a multipronged effort, with one (1) aspect focusing on those age
groups particularly vulnerable to and injured by crime, and susceptible to being induced into committing crime. Consequently,
it is the intent of the Commission to create and implement a juvenile curfew program aimed at protecting juveniles from crime
and reducing juvenile crime and the direct and indirect consequences thereof.
Juveniles in Miami -Dade County have themselves become victims of crime and violence in steadily increasing numbers.
Violent crimes against juveniles in Miami -Dade County are dramatically high in number, and the psychological effect of crime
committed upon juveniles is particularly tragic and traumatic. A juvenile curfew program would have the additional benefit of
reducing juvenile victimization.
It is the intent of this Commission to substantially reduce, if not eradicate, acts of crime and delinquency committed by
juveniles and to provide for the care, safety and protection of law abiding juveniles and other citizens, residents and visitors.
(e)
io— oo35?_SUbm;tfal a Article Xll1.le Curfew Fro3rar-,
5:
This article is enacted in recognition of the peculiar vulnerability of juveniles, their frequent inability to make critical decisions
in an informed, mature manner, and the importance of the parental role in child -rearing.
(f)
The purposes of this article are:
(1)
(2)
To protect juveniles themselves and other citizens, residents and visitors of Miami -Dade County from the dangers of
crimes which occur on sidewalks, streets, and in public, and semi-public places during late night and early morning
hours.
To decrease the amount of criminal activity engaged in by juveniles.
(3)
To promote and enhance parental control over juveniles.
(Ord. No. 94-1, § 2, 1-18-94; Ord. No. 95-208, § 2, 11-21-95)
Sec. 21-203. - Definitions.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
For the purpose of this article, the following definitions shall apply:
Submitted Into the public
Decor in connec ipn ith
item 5- on `FAO)S-l0
Priscilla A. Thompson
City Clerk
Emergency shall mean an unforseen combination of circumstances or the resulting state or any situation requiring immediate
action to care for or prevent serious bodily injury or loss of life. This term includes, but is not limited to, a fire, natural disaster,
or an automobile accident.
Juvenile shall mean a person under seventeen (17) years of age whose disabilities have not been removed by marriage or a
court of competent jurisdiction or otherwise.
Legal guardian shall mean a person or agency appointed by a court to act in the role of a parent.
Operator shall mean any individual, firm, association, partnership or corporation operating, managing, or conducting any
business or other establishment. The term includes the members or partners of an association, or partnership and the
officers of a corporation.
Parent shall mean the natural parent, adoptive parent, or step-parent of.a juvenile.
Public place shall mean any property owned or controlled by the County, any municipality, the School Board, the State or
other governmental entity to which the general public has access and a right to resort for business, recreation, entertainment,
or other lawful purpose, including streets and highways.
Semi-public place shall mean any privately -owned or privately -operated real property (including any structure thereon) to
which the general public is invited or has the legal right of access and right to resort for business, recreation, entertainment,
or other lawful purpose such as, but not limited to, any store, shop, restaurant, tavern, theater, parking lot, alley, road,
shopping center, bowling alley, pool hall, any vacant lot, or any vacant or abandoned building.
Law enforcement officer shall mean a certified law enforcement officer of any rank who is a duly sworn officer of the Miami -
Dade Police Department, a municipal police department in Miami -Dade County, the Florida Highway Patrol or other state or
federal law enforcement agency.
Curfew hours shall mean the hours of 11:00 p.m. until 6:00 a.m. the following day from Sunday to Thursday, and the hours of
12:00 midnight until 6:00 a.m. the following day from Friday evening to Sunday morning.
(Ord. No. 94-1, § 3, 1-18-94; Ord. No. 95-208, § 3, 11-21-95)
Sec. 21-204. - Curfew of juveniles.
It shall be unlawful and a violation of this article for any person
under the age oof seventeen (17) years to linger, stay
congregate move about, wander, or stroll in any public or semi-public place in Miami -Dade County, either on foot or in or upon any
conveyance or vehicle being driven or parked thereon, during curfew hours.
(Ord. No. 94-1, § 4, 1-18-94; Ord. No. 95-208, § 4, 11-21-95)
Sec. 21-205. - Exceptions.
The provisions of this article shall not apply if the juvenile is:
(a)
Accompanieddby a parent or, legal_ guardian or another adult person at Ieast twenty one (21) years of age given permission
by the parent or legal guardian to have the care; custody or control of the juvenile.
(b)
Engaged in a lawful employment activity or traveling to or retuming home from a lawful employment activity without any
detour.
Engaged in interstate travel.
On an errand at the written approval and direction of the juvenile's parent or legal guardian, without any detour.
Involved in or attempting to remedy, alleviate or respond to an emergency.
Attending an official school, religious or recreational activity supervised by adults at least twenty-one (21) years of age and
sponsored by the County of Miami -Dade, the Miami -Dade County School Board, municipality, a civic organization or other
similar entity, which organizations take responsibility for the juvenile as an invitee, or going to or returning home from, any
such activity without any detour.
On the swale or sidewalk abutting the juvenile's residence or abutting the residence of a next door neighbor if the neighbor
has not complained to the police department about the juvenile's presence.
(h) .. .,_
Exercising First Amendment. rights protected by the: United States Constitution (or those similar rights protected by:Article:1
Sections 3 4 and 5 ofthe Florida Constitution), such as free exercise of religion,freedom of speech, and the right of
assembly,
(i)
Attending or retuming to current residence from a specific activity at a public or semi-public place which is open to the
general public and supervised by adults at least twenty-one (21) years of age; provided further, that any such activity begins
no later than 10:00 p.m.; provided further, that the juvenile possesses written permission from his or her parent or legal
guardian authorizing the juvenile to attend or engage in that specific activity.
G)
Married in accordance with law or had disability of nonage removed by a court of competent jurisdiction.
(k).
Homeless or uses a public or semi-public place as his or her usual place or abode.
(I)
When the County Commission pursuant to an application by a sponsor of an event not provided for in this subsection, or any
other person, authorizes juvenile(s) to be in a public or semi-public place during curfew hours.
(Ord. No. 94-1, § 5, 1-18-94; Ord. No. 95-208, § 5, 11-21-95)
Sec. 21-206. - Procedures.
Unless flight by the person or other circumstances makes it impracticable, a law enforcement officer, upon finding a person
suspected to be in violation of this chapter, shall ask the apparent offender's age and reason for being in a public or semi-public place
during curfew hours. The law enforcement officer shall immediately attempt to verify statements or other information provided by the
juvenile through contact with the parent, legal guardian or others. The officer shall not issue a written warning to appear or take into
custody any person pursuant to this article unless the officer reasonably believes that an offense has occurred and that, based on any
response or circumstance, no defense in Section 21-205 is present.
(Ord. No. 94-1, § 6, 1-18-94; Ord. No. 95-208, § 6, 11-21-95)
Submitted Into the public
recor in connection with
item 1).5• I on i-- 10
Prise:: A. Thompson
City Clerk
Sec. 21-207. - Responsibility of parents.
It shall be unlawful for the parent, legal guardian or other adult person at least twenty-one (21) years of age having the care,
custody or control of a juvenile to permit or by insufficient control to permit such juvenile to linger, stay, congregate, move about,
wander, or stroll on or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and
entertainment, vacant lots or any public places in Miami -Dade County during curfew hours, unless the juvenile is accompanied by his
or her parent, legal guardian or other adult person at least twenty-one (21) years of age having his or her care, custody or control. Any
parent, legal guardian or other adult person at least twenty-one (21) years of age having the care, custody or control of a juvenile who
shall have made a missing person notification or informs the police department that the juvenile left or remained away from his or her
residence during curfew hours over the objection of the parent, legal guardian or other adult person at least twenty-one (21) years of
age having the care, custody or control of the juvenile shall not be considered to have permitted any person to be in violation of this
section. It shall also constitute a defense hereto that such parent, legal guardian or other adult person at least twenty-one (21) years
of age having the care, custody or control of such juvenile, did not have knowledge of the presence of such juvenile in, or about or
upon any place in the county away from the current residence or usual place of abode of said juvenile during curfew hours, if said
parent, legal guardian or other person having care, custody or control of such juvenile, in the exercise of reasonable care and
diligence, should not have known of the unlawful acts of such juvenile.
(Ord. No. 94-1, § 7, 1-18-94; Ord. No. 95-208, § 7, 11-21-95)
Sec. 21-208. - Responsibility of operators.
It shall be unlawful for any operator, owner or any employee managing or conducting any.business or' other establishment tol
knowingly permit a juvenile to linger, stay, congregate,move aboutwander or strollupon the Premises of the establishmentduring_
curfew hours._ It is a defense to prosecution under Section 21-210 of this article that the owner, operator, or employee notified the
police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave after
being asked to leave the premises.
(Ord. No. 94-1, § 8, 1-18-94; Ord. No. 95-208, § 8, 11-21-95)
Sec. 21-209. - Notice.
Operators are encouraged but not required to conspicuously display in or about the premises of an establishment, a legibly
printed notice in English, Spanish and Creole in substantially the following form: "IT IS UNLAWFUL FOR A PERSON UNDER THE'
AGE OF SEVENTEEN (17) TO REMAIN ON THESE PREMISES BETWEEN,-1-HE HOURS OF 1100 P.M. TO 6:00 A.M. THE
FOLLOWING DAY FROM SLINDAY TO THLIRSDAY AND THE HOURS OF 12:00 MIDNIGHT TO 6:00 A.M. THE FOLLOWING DAY
FROM FRIDAY EVENING TO SUNDAY MORNING UNLESS SPECIFICALLY ALLOWED BY LAW."
(Ord. No. 94-1, § 9, 1-18-94; Ord. No. 95-208, § 9, 11-21-95) Submitted Into the public
recor in connection with
item 5 I on L}- $ -(0
Priscilla A. Thompson.
City Clerk
Any parent, legal guardian or other adult person at least twenty-one (21) years of age having the legal care, custody or
control of a juvenile, or operator, owner or any employee managing or conducting any establishment who shall violate the
provisions of this article shall receive a written warning on a form to be established by the Miami -Dade Police Department.
The third and any subsequent violation of Section 21-207 or Section 21 208 shall result in the issuance of a notice to appear'
and shall be punished by a fine not to exceed five hundred dollars ($500.00).
Sec. 21-210. - Penalty or remedy for violations.
(a)
(b)
Any juvenile violating the provision of Section 21-204 shall be taken into custody and transported immediately to the police
station, substation, or other appropriate holding facility in accordance with Chapter 39, Florida Statutes, or to the juvenile's
home. Miami -Dade County and the municipalities may enter into the contracts with the community based organizations,
including churches, to operate such holding facilities. After recording pertinent information about the juvenile, the law
enforcement agency or holding facility shall, in the event the juvenile is not taken immediately to his or her home, attempt to
contact the parent or legal guardian of the juvenile and, if successful, shall request the parent or legal guardian to
immediately come to the facility where the juvenile is being held, and upon presenting documents identifying the juvenile and
the parent or legal guardian shall release the juvenile to the parent or legal guardian. If after two (2) hours of reaching the
holding facility the law enforcement agency or holding facility is unsuccessful in contacting the parent or legal guardian, or if
the parent or legal guardian fails or refuses to come to obtain custody of the juvenile, the law enforcement agency or holding
facility shall transport the juvenile to his or her current residence. The procedures established for the first violation shall be
repeated for the second and any subsequent violation except that commencing with the third and any subsequent violation, a
juvenile civil citation may be issued in accordance with the provisions of Section 985.301, Florida Statutes.
(c)
When a juvenile is taken into custody as provided in this section the law enforcement agency taking the juvenile into custody
shall attempt to telephone a role model from a list supplied by the Miami -Dade County School Board Role Model Program to
inform that role model of the name, address and telephone number of the juvenile. A copy of the citation or notice to appear
shall be mailed to the role model.
(Ord. No. 94-1, § 10, 1-18-94; Ord. No. 94-39, § 1, 3-17-94; Ord. No. 94-61, § 1, 4-19-94; Ord. No. 95-208, § 10, 11-21-95; Ord. No. 96-1, § 1, 1-9-96; Ord. No. 07-02,
§ 1, 1-25-07)
Sec. 21-211. - Enforcement.
Law enforcement officers shall have the right to enforce the provisions of this article against any person found violating the
same within their jurisdiction.
(Ord. No. 94-1, § 11, 1-18-94; Ord. No. 95-208, § 11, 11-21-95)
Sec. 21-212. - Severability.
If any section, subsection, sentence, clause or provision of this article is held invalid, the remainder of this article shall not be
affected by such invalidity.
(Ord. No. 94-1, § 12, 1-18-94; Ord. No. 95-208, § 12, 11-21-95)
Sec. 21-213. - Effective date.
The provisions of this article shall become effective January 1, 1996 at 11:00 p.m.
(Ord. No. 94-1, § 14, 1-18-94; Ord. No. 95-208, § 14, 11-21-95)
Sec. 21-214. - Sunset provision.
This article shall not contain a sunset provision.
(Ord. No. 94-1, § 15, 1-18-94; Ord. No. 95-208, § 15, 11-21-95; Ord. No. 97-87, § 1, 6-17-97; Ord, No. 98-195, § 1, 12-15-98; Ord. No. 01-226, § 1, 12-18-01)
Secs. 21-215-21-219. - Reserved.
Submitted Into ``-i public
recortl In connection with
item W5 --on y --
Priscilla A. Thompson
City Ct®c4