For the purposes of this Article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular number include the plural. The word “shall” is always mandatory and not merely directory.

(a)   City - is the City of Ellis, Kansas, with administrative offices at 815 Jefferson, Ellis, Kansas 67637.

(b)   Emergency - means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(c)   Establishment - means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

(d)   Juvenile or minor - is any un-emancipated person under the age of eighteen (18) years.

(e)   Operator - is any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

(f)   Parent - is any person having legal custody of a juvenile (i) as a natural or adoptive parent, (ii) as a legal guardian, (iii) as a person who stands in loco parentis, or (iv) as a person to whom legal custody has been given by court order.

(g)   Public Place - means any place to which the public or a substantial group of the public has access and includes, hut is not limited to, streets, common areas of schools, shopping centers, parking lots, parks, playgrounds, transportation facilities, theaters, restaurants, shops, bowling alleys, taverns, cafes, arcades, and similar areas that are open to the use of the public. As a type of public place, a street is a way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of sidewalk thereof for pedestrian travel. “Street” includes that legal right of way, including but not limited to the cartway of traffic lanes, the curb, the sidewalks whether paved or unpaved, and any grass plots or other grounds found within the legal right of way of a street.

(h)   Remain - means to stay behind, to tarry and to stay unnecessarily in a public place including the congregating of groups (or of interacting minors) totaling four or more persons in which any juvenile involved would not be using the streets for ordinary or serious purposes such as mere passage or going home, or to fail to leave the premises of an establishment when requested to do so by a police officer or the operator of an establishment. To implement this provision with additional precision and precaution, numerous exceptions are expressly defined in the Ordinance.     More and more exceptions become available with a juvenile’s increasing years and advancing maturity as appropriate in the interest of reasonable regulation.

(i)    Years of Age - continues from one birthday, such as the sixteenth to (but not including the day of) the next, such as the seventeenth birthday, making it clear that sixteen or less years of age is herein treated as equivalent to the phrase “under seventeen years of age,” the latter phrase in practice, unfortunately, having confused a number of persons into the mistaken thought that seventeen (17) year olds might be involved. Similarly, for example, 11 or less years of age means “under 12 years of age.”

(Ord. 1189, Sec. 1; Code 2005)

(a)   It shall be unlawful for any person under the age of eighteen (18) years to be or remain in or upon a public place within the City of Ellis during the period ending at 5:00 a.m. and beginning at 10:00 p.m. on Sunday through Thursday.

(b)   It shall be unlawful for any person under the age of eighteen (18) years to be or remain in or upon a public place within the City of Ellis during the period ending at 5:00 a.m. and beginning at 11:00 p.m. on Friday and Saturday.

(Ord. 1189, Code 2005; Ord. 1474; Code 2022)

The following shall constitute valid exceptions to the operation of this Article:

(a)   When a juvenile is accompanied by a parent of such juvenile.

(b)   When a juvenile is accompanied by an adult authorized by a parent of such juvenile to take said parent’s place in accompanying said juvenile for a designated period of time and purpose within a specified area.

(c)   When the juvenile is on an errand as directed by her/his parent until the hour of 12:30 a.m.

(d)   When a juvenile is 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, by first delivering to the person designated by the City’s Chief of Police to receive such information a written communication, signed by the juvenile and countersigned, if practicable, by a parent of the juvenile with their home address and telephone number, specifying when, where and in what manner the juvenile will be in a public place during hours when the Ordinance is applicable to said minor in the exercise of a First Amendment right specified in such communication.

(e)   In case of reasonable necessity for the juvenile remaining in a public place but only after the juvenile’s parent has communicated to the Chief of Police or the person designated by the Chief of Police to receive such notifications the facts establishing the reasonable necessity relating to a specified public place at a designated time for a described purpose including points of origin and destination. A copy of the communication, or of the police record thereof, duly certified by the Chief of Police to be correct, with an appropriate notation of the time it was received and of the names and addresses of the parent and juvenile, shall be admissible evidence.

(f)   When a juvenile is on the sidewalk or property where the juvenile resides, or on either side of or across the street from the place where the juvenile resides and the adult owner or resident of that property has given permission for the juvenile to be there.

(g)   When a juvenile is returning home by a direct route (without any unnecessary detour or stop) from and within one (1) hour of the termination of a school activity or an activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event. If the event is not commercial in nature or does not have a fixed, publicly known time at which it will or does end, the sponsoring organization must register the event with the Chief of Police (or his assigned representative) at least 24 hours in advance, informing the Police Department of the time that such event is scheduled to begin, the place at which it shall he held the time at which it shall end, and the name of the sponsoring organization.

(h)   When authorized, by special permit from the Chief of Police carried on the person of the juvenile thus authorized, as follows. When necessary nighttime activities of a juvenile may be inadequately provided for by other provisions of this Ordinance, then recourse may be had to the Chief of Police, either for a regulation as provided in subsection (i) or for a special permit as the circumstances warrant. Upon the findings of reasonable necessity for the use of a public place to the extent warranted by a written application signed by a juvenile and by a parent of the juvenile, if feasible, stating (i) the name, age and address of the juvenile; (2) the name, address, and telephone number of a parent thereof; (3) the height, weight, sex, color of eyes and hair and other physical characteristics of the juvenile; (4) the necessity that requires the juvenile to remain upon a public place during the curfew hours otherwise applicable; (5) the public place; and (6) the beginning and ending of the period of time involved by date and hour, the Chief of Police may grant a permit in writing for the juvenile’s use of a public place at such hours as in the opinion of the Chief of Police may reasonably be necessary and consistent with the purposes of this Ordinance. In an emergency this may be handled by telephone or other effective communication, with a corresponding record being made contemporaneously to the Chief of Police or to the person designated by the Chief of Police to act on her/his behalf in an emergency, at the police station.

(i)    When authorized, by regulation issued by the Chief of Police in other similar cases of reasonable necessity, similarly handled but adapted to reasonably necessary night-time activities of more juveniles than can readily be dealt with on an individual special permit basis, Normally such regulation by the Chief of Police permitting use of public places should be issued sufficiently in advance to permit appropriate publicity through news media and through other agencies such as the schools, and shall define the activity, the scope of the use of the public places permitted, the period of time involved not to extend more than one (1) hour beyond the time for termination of the activity, and the reason for finding that the regulation is reasonably necessary and is consistent with the purposes of this Ordinance.

(j)    When the juvenile is legally employed and carries a certified card of employment, renewable each calendar month when the current facts so warrant, dated or re-issued not more than 45 days previously, signed by the Chief of Police and briefly identifying the juvenile, the addresses of the juvenile’s home and of the juvenile’s place of employment, and the juvenile’s hours of employment.

(k)   When the juvenile is, with parental consent, engaged in normal interstate travel through the City or originating or terminating in the City.

(l)    When the juvenile is married or has been married pursuant to state law.

(m)  In the case of an operator of an establishment, when the operator has notified the police that a juvenile was present on the premises of the establishment during curfew hours and refused to leave.

(n)   Each of the foregoing exceptions, and their several limitations such as provisions for notification, are severable, as hereinafter provided, but herein reemphasized, and will be considered by Council when warranted by future experience illuminated by the view of student government associations, school personnel, citizens, associations parents, officers and persons in authority concerned positively with juveniles as well as with juvenile delinquency.

(Ord. 1189, Sec. 3; Code 2005)

(a)   It shall be unlawful for a parent having legal custody of a juvenile knowingly to permit or by inefficient control to allow the juvenile to remain in any City public place under circumstances not constituting an exception to, or otherwise beyond the scope of the Article.

(b)   The term “knowingly” includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a juvenile in that parent’s legal custody. This requirement is intended to hold a neglectful or careless parent up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such juvenile.

(Ord. 1189, Sec. 4; Code 2005)

It shall be unlawful for any operator of an establishment to knowingly permit a juvenile to remain at the establishment under circumstances not constituting an exception to, or otherwise beyond the scope of this article. The term ‘knowingly” includes knowledge that an operator should reasonably be expected to have concerning the patrons of the establishment. The standard for “knowingly” shall be applied through an objective test: whether a reasonable person in the operator’s position should have known that the patron was a juvenile in violation of this Article.

(Ord. 1189, Sec. 1; Code 2005)

(a)   lf a police officer reasonably believes that a juvenile is in a public place in violation of this article, the officer shall notify the juvenile that she/he is in violation of this Article and shall require the juvenile to provide his/her name, address and telephone number and how to contact his/her parent or guardian. In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate, a police officer shall, in the first instance of violation of the Ordinance, use his/her best judgment in determining age.

(b)   The police officer shall issue the juvenile a written warning that the juvenile is in violation of this article and order the juvenile to go promptly home. The Chief of Police shall send the parent of guardian of the juvenile written notice of the violation pursuant to this section.

(c)   Police procedures shall constantly he refined in the light of experience and may provide that the police officer may deliver to a parent or guardian thereof a juvenile under appropriate circumstances; for example, a juvenile of tender age, near home, whose identity and address may readily be ascertained or are known.

(d)   Notwithstanding paragraph (b) of this Section, when: (i) a juvenile has received one (1) previous written warning for violation of this Ordinance; or (ii) a police officer has reasonable grounds to believe that the juvenile has engaged in delinquent conduct, tile procedure shall then be to take the juvenile to the police station where a parent or guardian shall immediately be notified to come for the juvenile whereupon the parent or guardian and the juvenile shall be questioned. This is intended to permit ascertainment, under constitutional safeguards, of relevant facts, and to centralize responsibility in the person designated there and then on duty for accurate, effective, fair, impartial and uniform enforcement, and recording, thus, making available experienced personnel and access to information and records.

(e)   When a parent or guardian, immediately called, has come to take charge of the juvenile, and the appropriate information has been recorded, the juvenile shall be released to the custody of such parent. If the parent cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to the juvenile authorities, except to the extent that in accordance with police regulations, approved in advance by juvenile authorities, the juvenile may temporarily be entrusted to an adult, neighbor or other person who will on behalf of a parent or guardian assume the responsibility of caring for the juvenile pending the availability or arrival of a parent or guardian.

(f)   In the case of a first violation of the article by a juvenile, the Chief of Police shall by certified mail send to a parent or guardian written notice of the violation with a warning that any subsequent violation will result in full enforcement of the Ordinance, including enforcement of parental responsibility and of applicable penalties.

(g)   For the first violation of the article by an operator of an establishment who permits a juvenile to remain on the premises, a police officer shall issue a written notice of the violation with a warning that any subsequent violation will result in full enforcement of this article, including enforcement of operator responsibility and of applicable penalties.

(h)   In any event the police officer shall, within 24 hours, file a written report with the Chief of Police or shall participate to the extent of the information for which he is responsible in the preparation of a report of the curfew violation, it is not the intention of this Section to require extensive reports that will prevent police officers from performing their primary police duties. The reports shall be as simple as is reasonably possible and may be completed by police departmental personnel other than sworn police officers.

(Ord. 1189; Code 2005)

(a)   If after the warning notice pursuant to Section 6 of a first violation by a juvenile, a parent violates Section 11-304 (in connection with a second violation by the juvenile), this shall be treated as a first offense by the parent. For the first offense by a parent, the fine shall be $100.00, and for each subsequent offense by a parent the fine shall be increased by an additional $50.00, e.g., $150.00 for the second offense, $200.00 for the third offense. The Judge of the Municipal Court of the City of Ellis, upon finding a parent guilty, shall sentence the parent to pay this fine and the cost of prosecution.

(b)   The parent or legal guardian having custody of a juvenile subject to this Article shall be liable for all costs incurred by the City for providing personnel to remain in the company of a juvenile who has been detained as a curfew violator if the parent or guardian does not pick up the juvenile within one hour after receiving notice front the City that the City is detaining the juvenile for a curfew violation. The amount to be paid by the parent or guardian shall be based on the hourly wage of the City employee who is assigned to remain with the juvenile plus the cost of benefits for that employee.

(c)   The parent or legal guardian having custody of a juvenile subject to this Article shall be liable for any fine or condition of restitution or reparation imposed by a court upon a curfew violator, provided that the curfew violator has not paid the fine or made restitution or reparation within the time ordered by the court, and further provided that the parent or legal guardian has been made a party defendant in all enforcement proceedings against the curfew violator and shall be served with all citations, summons, complaints, notices, and other documents required to be served on the curfew violator defendant.

(d)   Any juvenile who shall violate any of the provisions of the Article more than three times shall be reported by the Chief of Police to the juvenile authorities as a juvenile in need of supervision and chief of Police may proceed to file such charges with the district courts as he may deem appropriate.

(e)   If, after the warning notice pursuant to Section 6 of a violation of the Article, an operator of an establishment violates section 5 a second time, this shall be treated as a first offense by the operator. For the first offense by an operator, the fine shall be $100.00, and for each subsequent offense by an operator the fine shall he increased by an additional $50.00, e.g., $150.00 for the second offense, $200.00 for the third offense.

(Ord. 1189, Sec. 7; Code 2005)

(a)   Severability is intended throughout and within the provisions of this Article. If any provision, including any exception, part, phase, or term, or the application thereof to any person or circumstances is held invalid, the application to other persons or circumstances shall not be affected thereby and the validity of this Article in an and all other respects shall not be affected thereby.

(b)   Advisory Opinions. The Chief Executive, after consultation with the City attorney, is hereby authorized to give advisory opinions in writing, which shall he binding and shall be adhered to by the police, until this Article is amended in such respect, interpreting terms, phrases, parts or any provisions. Normally such advisory opinions shall be in response to good faith, signed letters addressed to the Chief Executive or to a member of the City Council, questioning the Juvenile Curfew as: (I) ambiguous; (2) having a potentially chilling effect on constitutional rights specifically invoked; or (3) otherwise invalid, in all three categories with respect to proposed conduct definitely described. This administrative remedy must he exhausted prior to presenting to any court a question in any of the three categories. The City Council does not intend a result through the enforcement of this Article that is absurd, impossible of execution or unreasonable. The Council intends that this Article be held inapplicable in such cases, if any, where its application would be unconstitutional under the Constitution of the State of Kansas or the Constitution of the United States of America.

(Ord. 1189, Sec. 8; Code 2005)

It shall be the duty of the police department of the city to maintain records of those minors having been stopped by police officers, and of those parents or legal guardians having been informed of this article. Such records shall include the name of the minor stopped and questioned, the name of the parent or legal guardian who was located and informed the location at which the minor was stopped for questioning and the date on which it occurred. All information pertaining to the minor and not to the parent or legal guardian shall be maintained as privileged and confidential and shall not be used by the juvenile authorities or by any other agency of government or by any other person except as expressly authorized by this section.

(Code 1968, 11-908)