The Board of Trustees of the Town of Deer Trail, Arapahoe County, Colorado, do hereby resolve to amend ordinance No. 130 concerning the curfew applicable to minors.
Whereas, the Town of Deer Trail, (hereinafter referred to as the "Town"), in the County of Arapahoe and the State of Colorado, s the body corporate operating as a statutory town pursuant to the general statutes of the State of Colorado; and
Whereas, the Colorado Revised Statutes 31-15-401 (1) (a), (e), and (f) give to the governing body of each municipality the power and authority to pass and enforce all necessary police ordinances for the general welfare of the Town residents, including ordinances designed to prevent and suppress disturbances, disorderly assemblies, loitering, and disorderly conduct in public places; and
Whereas, The Board of Trustees of the Town (hereinafter referred to as the "Board") deems that it is both preferable and appropriate to amend the present curfew law as set forth in Ordinance No. 130, so as to comply with changing aspects of state law.
Now therefore, be it resolved by the Board of Trustees of the Town of Deer Trail, Colorado:
Section I - Repeal of Ordinance No. 130
Upon the passage of this Ordinance No. 204, and upon this Ordinance No. 204 taking effect by operation of law, Ordinance No. 130 shall be repealed in its entirety.
Section II - Curfew
The following provisions shall be applicable to the creation and enforcement of the curfew:
- Definitions. As used in this ordinance, the following words shall have the necessary stated meanings:
- "Public place" shall mean a place to which the public or a substantial number of the public has access, including, but not necessarily limited to, any street, alley, road, highway, sidewalk, automobile parking lot, school, place of amusement, park, playground, and public building or facility.
- "Loiter or loitering" means to be dilatory, to stand idly around, to linger, delay, or wander about, or to remain, abide, or tarry in a public place.
- Unlawful Acts. It shall be unlawful for any person under the age of eighteen (18) years, or for any parent, guardian or other person having care or custody of any person under the age of eighteen (18) 'years to allow or permit such person, or for that person to loiter in or upon any public place within the Town of Deer Trail subsequent to the hour of ten thirty o'clock (10:30) P.M., or prior to the hour of five o'clock (5:00) A.M., except for purposes of lawful employment, or unless such person under the age of eighteen (18) years is accompanied by the parent or guardian of said person or unless such person is involved in or attending a school, religious, community, or athletic activity which includes adult sponsorship and supervision; provided, however, that on Friday and Saturday nights the curfew hours for persons under the age of eighteen (18) shall be extended to the hour of eleven thirty o'clock (11:30) o'clock P.M.
It shall further be considered and deemed to be an unlawful act for any person under the age of eighteen (18) years, or for any parent, guardian or other person having care or custody of any person under the age of eighteen (18) years to allow or permit such person, or for that person to be either the driver of or the passenger in any vehicle on a public road, street, highway, or public parking lot, within the time period as proscribed above if such person is not accompanied by his or her parent or guardian, or unless such person is either traveling to or from his or her place of lawful employment, or a school, religious, community, or athletic activity which included adult sponsorship and supervision.
Such person shall be deemed to be in violation of this ordinance, as a loiterer, either on foot or in a vehicle, if such person, following the completion of his or her employment, school, religious, community, or athletic activity, has not taken the most direct route to his or her home within a reasonable amount of time following the completion of the event. - Effective Period. The provisions of this ordinance shall be in effect and enforceable throughout the year.
- Penalty. Any person who shall violate any of the provisions of this ordinance shall be fined in a sum of not less than Twenty-Five Dollars ($25.00), nor more than Three Hundred Dollars ($300.00) upon said person's first violation hereunder. Any person who shall commit a second or subsequent violation of any of the provisions of this ordinance within any calendar year shall be fined in a sum of not less than Fifty Dollars ($50.00) nor more than Three Hundred Dollars ($300.00).
Section III - Separability
If any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable.
Section IV - Repealer
All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Resolution are hereby repealed to the extent only of such inconsistency or conflict.
Section V - Recording and Authentication
The Board deems that this Ordinance is necessary to the immediate preservation of the public health and safety as an emergency situation exists and that said Ordinance should take immediate effect upon adoption.
Tabled June 1, 1999