§ 50-8. Curfew for minors.

(a)

Purpose.

(1)

The mayor and council have determined based on law enforcement reports that there has been an increase in juvenile violence and crime by persons under 18; that persons under 18 are particularly susceptible, by their lack of maturity and experience, to participate in unlawful activity and to be victims of older perpetrators of crime; that criminal gang activity from the Athens, Augusta, Atlanta, Macon, Sparta and Greensboro area appears to have infiltrated the community; that there has been an increase in crimes such as substance abuse, entering autos, shootings, burglaries, damage to property, fighting, statutory rape, and other incidents indicating possible "gang" activity.

(2)

The city desires to protect minors, seeks enforcement of parental control over and responsibility for minors, strives for protection of the general public, and implements this section for reduction of juvenile criminal activities not easily controlled by existing laws and ordinances. This section is cumulative of O.C.G.A. O.C.G.A. § 15-11-2(11)(A)(v) states it is a violation when a juvenile wanders or loiters about the streets of any city or in or about any highway or any public place between midnight and 5:00 a.m.

(3)

The mayor and council recognize that in Mwangi v. State, 316 Ga. App. 52 (2012) the court held: "Even when officers have no basis for suspecting a particular individual, they may generally ask questions of that individual, ask to examine the individual's identification, and request consent to search, as long as police do not convey a message that compliance with their requests is required." The mayor and council recognize that when an apparent juvenile declines to answer questions, provide identification or be searched, law enforcement sometimes needs additional tools to effectively police the community.

(4)

The council has determined a curfew for those under 18, many of whom are students, will help attain the foregoing objectives and diminish the undesirable impact of such conduct on the citizens, and will promote the public good, safety and welfare. Parental responsibility for whereabouts of minors is the accepted norm, and legal sanctions to enforce such responsibility have demonstrated effectiveness in many cities. Law enforcement has reported the effectiveness of curfews in other counties such as Spalding, Clayton, Fayette, Cherokee, Chatham, Murray, Coffee, and Gwinnett. The mayor and councils have determined that a curfew will increase parental responsibility for minors, decrease minor delinquency including criminal activity, and decrease truancy and tardiness of school age minors.

(b)

Definitions. The following shall apply:

Emergency errand. A mission from unforeseen circumstances that call for immediate action. Includes fire, natural disaster, auto accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

Jurisdiction of juvenile and municipal courts. Any minor under 17 who is charged with violating this ordinance shall be subject to the jurisdiction of the juvenile court. Any minor 17 years of age who is charged with violating this ordinance shall be subject to the jurisdiction of the city municipal court.

Loiter. See Loitering section herein below. Also see O.C.G.A. § 16-11-36. This section is cumulative of O.C.G.A.

Minor. Non-emancipated person under 18.

Public place. Any place to which the public has access; includes, but not limited to, streets, highways, alleys or buildings open to the public, any cemeteries, school yards, any privately or publicly owned places of amusement, entertainment or public accommodation including parking lots; any vacant lot.

Wander. As distinct from loitering (separately addressed below); to "wander" is to move around without a definite purpose; to go or extend in an irregular course or direction; to stray from a path, to deviate, to go astray, to ramble without a definite purpose or objective; roam, rove, to go aimlessly, indirectly, or casually, moving or going about aimlessly without plan or fixed destination or going to a destination by an indirect route, or in current vernacular-hanging out or roaming the streets.

(c)

Parental responsibility. It shall be unlawful for the parent, guardian, or other person having custody or control of any minor to permit or, by insufficient control, to allow such minor to violate the rules in this section. A person in violation of this section for the first time shall be given a warning. Upon subsequent violation(s), the person shall be charged with such violation and, if found guilty, such person shall be subject to punishment as provided in section 1-12 of the city's Code of Ordinances.

(d)

Minors prohibited from 1) loitering as defined by law or 2) from wandering upon streets and other public places at certain hours; exceptions. It shall be unlawful for any minor to loiter (see section below) or to wander in any public place unsupervised by his/her parent, legal guardian, or adult over 21 having the lawful care and custody of the minor and having the lawful authority to be at such places between the hours of midnight on any day and 5:00 a.m.; and provided that the provisions of this section shall not apply to the following:

(1)

When the minor is on any emergency errand directed by his/her parent, guardian, or adult 21 or older having the lawful care and custody of the minor;

(2)

When the minor is returning directly home from a school activity;

(3)

When the minor is traveling to, or returning directly home from, lawful employment that makes it necessary to be in above referenced placed during the proscribed period of time;

(4)

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;

(5)

When the minor is engaged in interstate or intrastate vehicular travel through the city with parental consent;

(6)

When the minor is married or has been married pursuant to state law.

(Amend. of 5-10-2016)