Section 11-1-6 Curfew Hours for Minors
A. Definitions. In this section unless the context otherwise requires:
1. "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action.
2. "Guardian" means a person who, under court order, is the guardian of the person of a minor or a public or private agency with whom a minor has been placed by an authorized agency or court; or at least twenty-one years of age and authorized by a parent or guardian to have the care and custody of a minor.
3. "Insufficient control" means failure to exercise reasonable care and diligence in the supervision of the juvenile.
4. "Minor" means any person under eighteen years of age.
5. "Parent" means a person who is a natural parent, adoptive parent or step-parent of another person.
B. Offenses.
1. It is unlawful for any minor under the age of sixteen years to be in, about or upon any place in the Town away from the property where the youth resides between the hours of 10:00 P.M. and 5:00 A.M. of the following day.
2. It is unlawful for any minor sixteen years of age or older and under the age of eighteen, to be in, about or upon any place in the Town away from the property where the child resides between the hours of 12:00 A.M. and 5:00 A.M.
3. It is unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control, allow a minor to violate paragraphs 1 or 2 of this subsection.
4. It is unlawful for a parent, guardian or other person having the care, custody or supervision of the minor to fail or refuse to take custody of the minor after such demand is made upon him by a law enforcement officer who arrests the minor for violation of paragraphs 1 or 2 of this subsection.
C. Defenses/Exceptions. It is a defense to prosecution under subsection B, including paragraph 3 of subsection B, of this section that the minor was:
Accompanied by the minor’s parent or guardian.
With prior permission of the parent or guardian, in a motor vehicle involved in interstate travel.
With prior permission of the parent or guardian, in an employment activity or going to or returning home from an employment activity without any detour or stop by the most direct route.
Involved in an emergency.
With prior permission of the parent or guardian, was engaged in reasonable, legitimate and specific business or activity. Examples include, but are not limited to, a juvenile with prior permission of the parent or guardian, attending an official school, religious or other recreational activity supervised by adults who take responsibility for the minor, or going to or returning home from an official school, religious or other recreational activity supervised by adults who take responsibility for the minor.
With prior permission of the parent or guardian, engaged in a reasonable and legitimate exercise of First Amendment rights protected by the United States Constitution.
Married and sixteen years of age or over, or in the military.
On the sidewalk abutting their residence or on the exit door neighbor’s property with the consent of the neighbor.
D. Enforcement.
1. Before taking any enforcement action under this section, a police officer shall attempt to ascertain the apparent offender’s age and reason for being in the place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based upon the circumstances, the minor’s responses and minor’s conduct, no defense as provided in subsection C of this section is probably present.
2. In addition to any other powers he/she may have, any law enforcement officer who arrests a minor for violating any of the provisions of paragraphs 1 or 2 of subsection B of this section is also hereby empowered to demand of the parent, guardian or other person having the care, custody or supervision of the minor that such parent, guardian or other person come and take the minor into custody. The law enforcement officer is also empowered to take the minor to a designated location where arrangements can be made for a parent, guardian or other appropriate party to take the minor into custody. Should there be a failure of the parent, guardian or other person to take custody of such minor, the officer may then be empowered to take the minor home.
E. Penalty. Convictions under this section shall be imposed by a juvenile hearing officer in accordance with A.R.S. § 8-323(F). (2021-29, Amended, 09/21/2021; 21-14, Amended, 09/21/2021)