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HomeMy WebLinkAboutBack-Up from Law DeptARTICLE XIII. - JUVENILE CURFEW PROGRAM1J Sec. 21-201. - Short title and applicability. (a) This article may be cited as the "Miami -Dade County Juvenile Curfew Ordinance." (b) The provisions of this article are hereby declared to have county -wide effect. Sec. 21-202. - Legislative intent, findings and purposes. (a) 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. (b) 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. (c) 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. (d) 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) 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) 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. (2) To decrease the amount of criminal activity engaged in by juveniles. (3) To promote and enhance parental control over juveniles. Sec. 21-203. - Definitions. For the purpose of this article, the following definitions shall apply: (a) 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. (b) 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. (c) Legal guardian shall mean a person or agency appointed by a court to act in the role of a parent. (d) 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. (e) Parent shall mean the natural parent, adoptive parent, or step-parent of a juvenile. (f) 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. (h) 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. (g) (i) Sec. 21-204. - Curfew of juveniles. It shall be unlawful and a violation of this article for any person under the age of 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. Sec. 21-205. - Exceptions. The provisions of this article shall not apply if the juvenile is: (a) Accompanied by a parent or legal guardian or another adult person at least 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 returning home from a lawful employment activity without any detour. (c) Engaged in interstate travel. (d) On an errand at the written approval and direction of the juvenile's parent or legal guardian, without any detour. (e) Involved in or attempting to remedy, alleviate or respond to an emergency. (f) 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. (g) Exercising First Amendment rights protected by the United States Constitution (or those similar rights protected by Article 1, Sections 3, 4 and 5 of the Florida Constitution), such as free exercise of religion, freedom of speech, and the right of assembly. Attending or returning 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. Married in accordance with law or had disability of nonage removed by a court of competent jurisdiction. Homeless or uses a public or semi-public place as his or her usual place or abode. 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. 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. 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. 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 to knowingly permit a juvenile to linger, stay, congregate, move about, wander or stroll upon the premises of the establishment during 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. 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 THE HOURS OF 11:00 P.M. TO 6:00 A.M. THE FOLLOWING DAY FROM SUNDAY TO THURSDAY 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." Sec. 21-210. - Penalty or remedy for violations. (a) 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). (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. 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. 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. Sec. 21-213. - Effective date. The provisions of this article shall become effective January 1, 1996 at 11:00 p.m. Sec. 21-214. - Sunset provision. This article shall not contain a sunset provision. Secs. 21-215-21-219. - Reserved.