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CR 95-106 Curfew Ordinance June 13, 1995 ~ Council Report 95-106 . CURFEW ORDINANCE Proposed Action Staff recommends that the Council approve the following motion: Move that the Hopkins City Council approve Ordinance number 95-769 for first reading. Adoption of this motion will begin the process of bringing the city's curfew ordinance in line with the county wide curfew regulations. Overview The Minnesota legislature granted counties the authority to pass county wide curfews. Effective June 1, 1995 Hennepin County adopted such a curfew for persons under the age of 17. This ordinance supersedes any city curfews. The ordinance allows cities to set their own curfew for persons who are 17 years of age. Hopkins! curfew ordinance applies to persons under the age of 18 and is stricter than that adopted by the county. This results . in a situation where persons who are 17 years old have a stricter curfew than persons who are 15 or 16. Primary Issues to Consider . What is the purpose of revising the city's curfew ordinance? The purpose of this revision is to bring the city's curfew into conformance with the county wide curfew. Supoortin2 Information . Memorandum from Wynn Curtiss . Ordinance Number 95-769 .ra es A. Genellie ity Clerk . ._~'- --- e c I T Y 0 F H 0 P K I N S MEMORANDUM DATE: June 5, 1995 TO: Jim Genellie FROM: WYlill Cmtiss RE: Amendment to Hopkins City Code Section 2010 - Cmfew to Conform to County- wide Cmfew Ordinance Effective June 1, 1995, the Hennepin County Board has adopted a County-wide cmfew for persons 16 years of age and younger. TIns Ordmance was adopted pursuant to Minn. Stat. 145A.05, Subd. 7(a) (1994) which reads as follows: A County Board may adopt an Ordinance establishing a County-wide cmfew for . persons under 17 years of age. Attached with tIlls Memorandum, please find a copy of the Ordinance adopted by the County. As you can see, the Ordmance applies to persons 16 years of age and younger and specifically leaves cmfews for persons 17 yeaTS of age at the discretion of each municipality, Currently, our Cmfew Ordinance is considerably stlicter than the County Ordinance. As a result, the County Ordinance now allows 16 year olds to stay out later than our Ordinance permits 17 year olds to stay out. The discrepancy is without reason and probably would not withstand a Court challenge. 111erefore, the Police Department has asked that we consider conforming our Ordinance to the County Ordinance with respect to 17 year olds. To that end, attached is a draft of a proposed Amendment of our Ordinance dealing with cmfews. Essentially, the existing Ordinance is deleted, the Hennepin County Ordinance is adopted with respect to persons 16 ye:.u's of age and younger, and a provision is added setting the curfew for 17 year olds at the same level as that for persons younger than 16. Please review the proposed changes and, if you have any questions, please contact me. we cc: Sgt. Hafelmann e 11] Enclosure 1010 First Street South, Hopkins, Minnesota 55343 612/935-8474 An Equal Opportunity Employer - CITY OF HOPKINS COUNTY OF HENNEPIN . ORDINANCE NO. 95-769 ORDINANCE AMENDING SECTION 2010 OF THE HOPKINS CITY CODE RELATING TO CURFEW The City Council of the City of Hopkins does hereby ordain: SECTION 1. The Hopkins City Code is amended by deleting in its entirety Section 2010 and replacing it with the following language: 2010.01 Adoption of Hennepin County Ordinance No. 16. Hennepin County Ordinance No. 16 (effective June 1, 1995) establishes a countywide curfew for persons 16 years of age and under and is hereby adopted by reference and incorporated into this Code as if fully set forth herein. . 2010.03 Curfew for Persons 17 Years of Age. Subd. l. The following sections of Hennepin County Ordinance No. 16 hereby are adopted and made applicable to Hopkins Code Section 2010.03: Section 2; Section 4 (A) and Section 4(B). Subd. 2 It lS unlawful for a person 17 years of age to be present in any public place or establishment within Hopkins during the following times: (a) Between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday and 5:00 a.m. of the following day; (b) Between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday. Subd. 3. rt lS unlawful for a parent or guardian of a juvenile knowingly, or through negligent supervision, to permit the juvenile to be in any public place or establishment within Hopkins during the hours prohibited in Subd. 2 of this section. Subd. 4. It is unlawful for a proprietor of an establishment within Hopkins to knowingly permit a juvenile to remaln In the establishment or on the establishment's property during the hours e prohibited in Subd. 2 of this section. If the proprietor is not present at the time of the curfew ~ violation, the responding officer shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail. Subd. 5. Penalty. (A) Violation of Section 2010.03, Subd. 2 will be prosecuted pursuant to Minn. Stat. 260.195 and will be subject to the penalties therein. (B) Violation of Section 2010.03, Subd. 3 or Subd. 4 is a misdemeanor. SECTION 2. The effective date of this ordinance shall be twenty days after publication. First Reading: June 20, 1995 Second Reading: Ju 1 y 5, 1995 Date of Publication: July 12, 1995 Effective Date of Ordinance: August 1, 1995 . Charles D. Redepenning, Mayor ATTEST: James A. Genellie, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date .