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9.16.010 Curfew for minors.
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A. It is unlawful for any person 17 years of age or less to loiter, idle, wander, stroll or play upon the streets and public places in the city during the period ending at 5:00 a.m. and beginning:

1. At 12:00 a.m. for all minors up to and including age 17 years of age;

2. Provided, however, that during the public school term such hours shall be 11:00 p.m. through 5:00 a.m. on nights preceding school days for all minors.

B. Exceptions. In the following cases a minor, otherwise covered by the curfew, shall not be considered in violation of the curfew:

1. When accompanied by a parent, guardian or legal custodian of the minor;

2. When accompanied by an adult authorized by a parent, guardian or custodian of such minor to take such parent’s, guardian’s or custodian’s place in accompanying said minor for a designated period of time and purpose within a specified area;

3. When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly, and those similar rights protected by the Alaska Constitution;

4. In case of reasonable necessity, but only after such minor’s parent, guardian or custodian has communicated to the chief of police or officer on duty the facts establishing such reasonable necessity relating to specified streets at a designated time for a described purpose including points of origin and destination. A copy of such communication, or of the police record thereof, with an appropriate notation of the time it was received and of the names and addresses of such parent and minor, shall be admissible evidence;

5. When the minor is on the property of the place where such minor resides;

6. When in the process of returning home by a direct route from (and within 30 minutes of the termination of) employment, school activity, or an activity of a religious or other voluntary association, or other organized meetings;

7. When the minor is, with the consent of parent, guardian or custodian, in a motor vehicle and in compliance with the other sections of this chapter; or

8. In case of an emergency involving the health or safety of the minor or another person.

C. Definitions.

1. “Street and public place” means public streets, sidewalks, alleys, highways, roads, playgrounds, parks and other publicly owned property.

2. “Time” shall be prevailing time.

3. “Loiter” means remaining idle in essentially one location or to be dilatory, to tarry, to dawdle, and shall include, but not be limited to, standing around, sitting and sauntering.

4. “Knowingly allow,” as used in this chapter, means to permit with actual knowledge or neglect to restrain or prevent and requires actual or constructive knowledge on the part of the parent, guardian or other person. (Prior code § 13.50.020)

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