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Ordinance 043a3, CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 43-A AN ORDINANCE REGULATING THE PRESENCE OF MINORS UNDER THE AGE OF EIGHTEEN YEARS ON STREETS OR IN PUBLIC OR QUASI -PUBLIC PLACES BETWEEN CERTAIN HOURS, DEFINING THE DUTIES OF PARENTS AND OTHERS IN THE CARE OF MINORS, AND PROVIDING FOR ARREST AND PENALTIES FOR VIOLATION THEREOF. THE COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: SECTION 1. (a) No person under the age of 16 years, except as provided in Section 2, shall be on or be present in any public street, alley, park or other public or quasi -public place in the City of Chanhassen between the hours of 10:00 p.m. and 5:00 a.m. of the following day, official City time. (b) It is unlawful for any minor of the ages of 16 and 17 years to loiter on or about any public street, alley, park or other public or quasi -public place in the City of Chanhassen between the hours of 12:00 a.m. and 5:00 a.m. of the following day, official City time. (c) A quasi -public place is defined as being an area in private ownership which is established for the conve- nience of members of the public as invitees or business visitors and shall include, but shall not be limited to, parking lots, business establishments, shopping center areas, school and church grounds or arcade amusement centers. SECTION 2. The restrictions of Subdivision (a) and (b) do not apply when the minor: (a) is accompanied by the minor's parent, guar- dian, or other person having the minor's lawful care, custody and control. (b) is returning home by direct route from and within 30 minutes after, a school activity, an activity of a re- ligious or supervised voluntary association, such as scouts, 4-H, community leagues, fraternal and social clubs, etc., or other community events. Examples of such events shall include but not be limited to the following: dances, community celebrations and carnivals. (c) is in a place or returning home from such place, connected with and required by some legitimate business, trade, profession or occupation in which said minor is permitted • by law to be engaged. 4k 0 (d) is in a motor vehicle with parental consent for normal travel (with interstate travel to, through or from the city being excepted in all cases from the curfew.) (e) is upon an emergency errand or other legiti- mate business directed by the minor's parent, guardian, or other adult having the lawful custody of the minor. (f) is on the sidewalk or boulevard of his or her residence. SECTION 3. It shall be unlawful for any parent, guardian or other person having the lawful care, custody or control of any minor under the age of 18 years to allow or permit any such minor to violate the provisions of this ordinance. SECTION 4. It shall be unlawful for any person, firm or corporation operating or in charge of any place of amusement, entertaining or refreshment, or other place of business, to permit any minor under the age of 18 years to loiter in such place during the hours prohibited by any existing law or ordinance. SECTION 5. This ordinance shall not be construed as permit- ting the presence at any time of any person under 18 years in • any place where his presence is now prohibited by any existing law or ordinance. 0 SECTION 6. Wherever the owner or person in charge or in control of any place of amusement, entertainment, refreshment, or other place of business shall find a minor under the age of 18 years loitering in such place of business during the hours prohibited by this ordinance, he shall immediately order such minor to leave, and if such minor refuses to leave the said place of business, the operator shall immediately inform the Police Department of the violation. SECTION 7. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine not exceeding $700.00 or by imprisonment for a period not exceeding ninety days. SECTION 8. Ordinance No. 13 is hereby repealed. SECTION 9. This Ordinance shall be in full force and effect from and after its passage and publication according to law. -2- U • Passed by theCity Council of the City of Chanhassen this 19th day of December 1983. d Dale Geving, Acting Mayor ATTEST: Don Ashworth, City erk/Manager (Published in the Carver County Herald on December 28 1 1983.) -3- Official Publication CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 43-A Affidavit of Publication AN ORDINANCE REGULATING THE PRESENCE OF MINORS UNDER THE AGE OF EIGHTEEN YEARS ON STREETS OR IN PUBLIC OR QUASI-PUBLIC PLACES BETWEEN CERTAIN HOURS, DEFINING THE DUTIES OF PARENTS AND OTHERS IN THE CARE OF MINORS, AND PROVIDING FOR ARREST AND PENALTIES FOR VIOLATION THEREOF. THE COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. (A) No person under the age of 16 years, except as provided in Section 2, shall be on or be pre- sent in any public street, alley, park or other public or quasi-public place in the City of Chanhassen be- ` state of Minnesota ) tween the hours of 10:00 p.m. and. 5:00 a.m. of the `�+ c following day, official City time. )ss . (b) It is unlawful for any minor of the ages of 16 and 17 years to loiter on or about any public street, County of Carver alley, park or other public or quasi-public place in the City of Chanhassen between the hours of 12:00 p.m. and 5:00 a.m. of the following day, official City S t - n R o 1. f s rud being duly sworn, on oath says that he is and during time. (c) A quasi-public place is defined as being an area , all the time herein stated has been the publisher and printer of the newspaper known as the Carver County Herald and in private ownership which is established for the con- has full knowledge of the facts stated as follows: (1) Said newspaper is printed in the English language in newspaper for- venience of members of the public as invitees or mat and in column and sheet form equivalent in printed space to at least 1,200 square inches. (2) Said newspaper is a business visitors and shall include, but shall not be weekly and is distributed at least once each week for 50 weeks each year. (3) In at least half of its issues each year has no limited to, parking lots, business establishments, more than 75 percent of its printed space comprised of advertising material and paid legal notices; and in all of its issues shopping center areas, school and church grounds or each year, has 50 percent of its news columns devoted to news of local interest to the community which it purports to arcade amusement centers. SECTION 2. The restrictions of Subdivision (a) serve, and not more than 25 percent of its total nonadvertising column inches in any issues wholly duplicates any other and (b) do not apply when the minor: publication unless the duplicated material is from recognized general news services. (4) Said newspaper is circulated in (a) is accompanied by the minor's parent, guar- and near Chaska and has at least 500 copies regularly delivered to paying subscribers and has entry as second-class mat- dian, or other person having the minor's lawful care, ter at the Chaska Post Office. (5) Said newspaper has its known office of issue established in Carver County in which lies custody and control. the City of Chaska. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said (b) is returning home by direct route from and newspaper is available at single or subscription rices to anperson, corporation, partnership or other incorporated g p p y � ' p p � within 30 minutes after, a school activity, an activity of a religious or supervised voluntary association, association requesting the newspaper and making applicable payment. (8) Said newspaper has complied with all the such as scouts, 4-H, community leagues, fraternal foregoing conditions of this subdivision for at least one year last past. (9) Said newspaper has filed with the Secretary of and social clubs, etc., or other community events. State of Minnesota prior to January 1, 1976 and each January 1 thereafter an affidavit in the form prescribed by the Examples of such events shall include but not be Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that limited to the following: dances, community celebra- tions and carnivals. the newspaper is a legal newspaper. (c) is in a place or returning home from such place, connected with and required by somen h`, • C t o #' (; .% Ord in n p NO legitimate business, trade, profession or occupation He further states on oath that the printed in which said minor is permitted by law to be en- j,l -' . A R p --u .1. " t, l n ' Th p Presence of M l n o r $ereto attached as apart gaged. (d) is in a motor vehicle with parental consent for normal travel ( with interstate travel to, through or hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once from the city being excepted in all cases from the 1. Wed 2 O day of �,Q9� and each week, for successive weeks; that it was first so published on Wed +the curfew.) (e) is upon an emergency errand or other legitimate business directed by the minor's parent, was thereafter printed and published on every to and including the day of ,19_ and guardian, or other adult having the lawful custody of that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as the minor. (f) is on the sidewalk or boulevard of his ur her being the size and kind of type used in the composition and publication of said notice, to wit: residence. SECTION 3. It shall be unlawful for any parent, guardian or other person having the lawful care, fuv custody or control of any minor under the age of 18 abcdefghijkimno yz years to allow or permit any such minor to violate the provisions of this ordinance.' SECTION 4. It shall be unlawful for any person, firm or corporation operating or in charge of any place of amusement, entertaining or refreshment, or other place of business, to permit any minor under _ the age of 18 years to loiter in such place during the hours prohibited by any existing law or ordinance. `+ SECTION 5. This ordinance shall not be construed Subscribed and sworn to before me this ` day of-''�-lqeE under 18 years in any place where his presence is as permitting the presence at any time of any person"`IRL now by law - Ift� prohibited any existing or ordinance. � � SECTION 6. Wherever the owner or person in charge or in control of any place of amusement, _ entertainment, refreshment, or other place of business shall find a minor under the age of 18 years loitering in such place of business during the hours prohibited by this ordinance, he shall immediately (Notarial Seal) order such minor to leave, and if such minor refuses to leave the said place of business, the operator shall immediately inform the Police Department of the violation. ' SECTION 7. Any person violating any of the provi- sions of this ordinance shall be guilty of a misde- meanor and, upon conviction thereof, be punished by Notary ub L CO t y p — My Commission Expires 19 T_7 a fine not exceeding $700.00 or by imprisonment for a period not exceeding ninety days. SECTION 8. Ordinance No. 13 is hereby repealed. SECTION 9. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed by the City Council of the City of Chanhassen this 19th day of December, 1983. Dale Geving, Acting Mayor ATTEST: Don Ashworth, City Clerk/Manager (Pub. in Carver County Herald Dec. 28,1983) (36 )