8.20.010 Curfew.
(A) Juveniles Under Sixteen (16) Years – Exceptions. It shall be unlawful for any juvenile under the age of sixteen (16) years to be, remain or loiter in, about or upon any place in the city away from the dwelling house or usual place of abode of said juvenile, between the hours of 10:00 p.m. and 5:00 a.m. of the following day.
(B) Juveniles Sixteen (16) Years of Age or Older – Exceptions. It shall be unlawful for any juvenile sixteen (16) years of age or older and under the age of eighteen (18) years to be, remain or loiter in, about or upon any place in the city away from the dwelling house or usual place of abode of said juvenile, between the hours of 12:00 a.m. and 5:00 a.m. of the following day.
(C) Responsibility of Parent or Guardian. It shall be unlawful for the parent, guardian or other adult person having the care, custody or supervision of a juvenile to permit such juvenile to be, remain or loiter in, about or upon any place in the city away from the dwelling house or usual place of abode of said juvenile in violation of subsection (A) or (B) of this section.
(D) Violations – Exceptions. The curfew set forth in subsections (A), (B) and (C) of this section does not apply:
(1) To legally emancipated minors, whether the emancipation be through marriage, military service, or other legally sufficient grounds.
(2) To minors who are accompanied by their parent, guardian or other person having the legal care and custody of the minor.
(3) To minors who would otherwise be in violation of the terms of this section when:
(a) Their presence is reasonably required in the pursuit of a lawful occupation, business or profession in which the minor is then engaged; with the permission of a parent, guardian, or other person having the legal care and custody of the minor;
(b) The minor is on an emergency errand, medical or otherwise; or
(c) The minor is going to or from a place or function sponsored by or related to school, church, civic, or other nonprofit organization. These functions shall include, but are not necessarily limited to: classes, services, meetings, dances, dramatic or musical performances, sporting events, or other social events sponsored by school, religious, civic, or other nonprofit organizations, with the permission of the parent, guardian or other person having the legal care and custody of the minor.
(E) Violations – Knowledge by Parent or Guardian. It shall not constitute a defense hereto that such parent, guardian or other adult person having the care, custody or supervision of such juvenile coming within the provisions of subsection (A) or (B) of this section did not have actual knowledge of the presence of such juvenile in, or about or upon any place in the city away from the dwelling house or usual place of abode of said juvenile, if said parent, guardian or other person having the care, custody or supervision of such juvenile or juveniles, in the exercise of reasonable care and diligence, should have known of the aforementioned unlawful acts of such juvenile or juveniles.
(F) Violations – Separate Offenses. Each violation of the provisions of subsections (A), (B) and (C) of this section shall constitute a separate offense.
(G) Violations – Delivery of Juvenile Into Custody of Parent or Guardian. In addition to any other powers he may have, any law enforcement officer who arrests a juvenile for violating any of the provisions of subsection (A) or (B) of this section is also hereby empowered to demand of the parent, guardian or other person having the care, custody or supervision of such juvenile that such parent, guardian or other person come and take such juvenile into custody. Should there be a failure of the parent, guardian or other person to take custody of such juvenile, the officer may then be empowered to take such juvenile home. It shall be unlawful for any such parent, guardian or other person having the care, custody or supervision of said juvenile to fail or refuse to take such juvenile into custody after such demand is made upon him.
(H) Violations – Penalties. It shall be unlawful for any juvenile to violate the provisions of subsection (A) or (B) of this section; the proceedings shall be taken in accordance with and pursuant to the juvenile code as contained in A.R.S. § 8-201 et seq. Any parent or guardian of the juvenile who shall violate the provisions of subsections (C) and (E) of this section shall be guilty of a civil violation punishable as provided in Section 1.25.010(A). (Ord. No. 2004-14, § 13, 7-6-04; Ord. No. 2005-24, §§ 1, 2, 9-6-05. 1976 Code § 10-1-11)