City of Troy, Kansas                                  Created Jan 14, 2011

AN ORDINANCE ESTABLISHING A CURFEW FOR MINORS IN THE CITY OF TROY, KANSAS; MAKING IT UNLAWFUL FOR PERSONS UNDER THE AGE OF 16 YEARS TO BE OR REMAIN IN, ABOUT OR UPON THE STREETS, ALLEYS, PARKS, AND OTHER PUBLIC PLACES IN THE CITY OF TROY, KANSAS BETWEEN THE HOURS OF 10 O’CLOCK P.M. AND 5:00 A.M. THE FOLLOWING DAY, AND FOR PERSONS 16 YEARS OF AGE OR OLDER BUT UNDER THE AGE OF 18 YEARS TO BE OR REMAIN IN, ABOUT OR UPON THE STREETS, ALLEYS, PARKS, AND OTHER PUBLIC PLACES IN THE CITY OF TROY, KANSAS BETWEEN THE HOURS OF 12:00 O’CLOCK A.M. (MIDNIGHT) AND 5:00 O’CLOCK A.M. OF THE FOLLOWING DAY; MAKING IT UNLAWFUL FOR PERSONS HAVING CUSTODY OF A MINOR TO PERMIT SUCH MINOR TO VIOLATE THIS ORDINANCE; PROVIDING PENALTIES FOR THE VIOLATION HEREOF; AND REPEALING ORDINANCE NO. 307 AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES OF THE CITY OF TROY IN CONFLICT HEREWITH.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TROY, KANSAS:

            SECTION 1.   TITLE.            This Ordinance shall be known as the “Curfew Ordinance for the City of Troy .”

            SECTION 2.   DEFINITIONS.  As used in this Ordinance:

      1.     Minor – means any person under the age of eighteen (18) years.

      2.    Custodian – means a parent, guardian, or other adult person having the legal responsibility for the care and custody of a minor.

      3.    Permit – means to intentionally fail to prevent a minor from violating this ordinance or fail to exercise a reasonable effort to prevent a minor from violating this ordinance.

      4.    Remain – means to loiter, idle, wander, lounge, stroll, tarry or stray.

      5.    Authorized – means to have prior authority from a custodian.

SECTION 3.   CURFEW FOR MINORS.    Except as hereinafter provided in Section 5, it shall be unlawful for any minor to be or remain in, about or upon any street, alley, road, park, playground, ball field, public place, public building, vacant lots or any unsupervised place in the City of Troy between the hours of 10:00 o’clock P.M. and 5:00 o’clock A.M. the following day for persons under the age of 16 years, or 12:00 o’clock A.M. (midnight) and 5:00 o’clock A.M. for persons at least 16 years of age but less than 18 years of age, either on foot, in a vehicle or in/on any other means of conveyance.

SECTION 4.   RESPONSIBILITY OF CUSTODIANS.  Except as hereinafter provided in Section 5, it shall be unlawful for any custodian to allow or permit a minor under his or her control be in violation of Section 3 above. 

SECTION 5.   EXCEPTIONS TO CURFEW.          The following are specifically excepted from the application of Sections 3 and 4 of this Ordinance.

      1.    Any minor while in custody of or attended by his or her custodian.

      2.    Any minor legitimately engaged in his or her employment, trade or occupation.

      3.    Any minor on the way home, by the shortest and most direct route from attending a school or other event which the minor was, in writing an din advance thereof,  authorized to attend by his or her custodian.

SECTION 6.   PENALTIES.

Any minor subject to City of Troy Municipal Court jurisdiction who is found guilty of violating the provisions of this Ordinance shall be fined a sum not to exceed $50.00 for a first offense, and not more than $100.00 for second and subsequent offenses, or be proceeded against pursuant to the Kansas Juvenile Justice Code.  

1. Any minor not subject to the jurisdiction of the City of Troy Municipal Court shall be proceeded against pursuant to the Kansas Code for The Care of Children for the Kansas Juvenile Justice Code. 
2. Any custodian convicted of violating this Ordinance shall be guilty of a misdemeanor and shall be fined in a sum not to exceed $50.00 for a first offense, and not more than $100.00 for second and subsequent offenses.

SECTION 7.   REPEALER.  Ordinance No 307 of the City of Troy, Kansas and any ordinance or parts of ordinances of the City of Troy in conflict herewith are hereby repealed.

SECTION 8.   EFFECTIVE DATE.  This Ordinance shall be in full force and effect from and after its publication in the official city paper.

Passed by the City Council and Approved by the Mayor on the 5th day of October, 2010.

                                                                                    Terry Simpson, Mayor

ATTEST:

Jane Boeh

City Clerk

(Seal)