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HomeMy WebLinkAboutOrdinance 44- 728, Regulates and Controls Presence of Minors Under 16 in Public Places During Certain Hours; Repeals Ordinance 720 I I I ,~~3t .!;'roOf Rllad. and Ohecked ORDINANCE NO. 728 --!t-:;.?:/.i.tf......, AN ORDINANCE OF THE CITY OF BOZR'lAN TO REGULATE AND CONTROL THE PRESE:NCE"--~ mY..2?;.I.,_.~_ OF MINORS UNDER THE AGE OF SIXTEEN YEARS IN PUBLIC PLACES 'iHTHIN SAID CITY DURING CEHTAIN HOURS; MAKING P ARENTB AND OTHERS HAV J..NG 'THE CONTROL OR SUPER- VISION OF SUCH MiNORS LIABLE F'OR VIOLATIONS HEREOF BY SUCH M.LNORS: PROV1DING PENALTIES FOR VIOLATJ..ON HhREOF AND REPEALING ORDIhANCE NO. 720 OF THE CJ..TY OF BOZfl;1AN AND ALL OTHER ORDINANCES AND P ARTS OF' OHDINANCES IN CONFLICT HERE- WITH. BE IT ORDAINED BY THE COMMJ..33ION OF THE CITY OF BOZEMAN: Section 1. LOI'rERING OF MINORS PROH1BITED. No minor under the age of sixteen years shall loiter, idle, wander, stroll, or play in or upon the public streets, high- ways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement and of entertainment, vacant lot or other unsupervised places or premises, between the hours of 10 o'clock P.M. of any day and 4 o'clock A.M. ~f the following day, official city time, within the corporate limits of The City of Bozeman; provided, however, that the provisions of this section shall not apply to any such minor who is accompanied by his or her parent, guardian, or other adult person having the care, custody and control of such minor, or when such mi~or is upon an emer- gency errand or other legitimate business at the direction, instruction or command of his or her parent, guardian, or other adult person having the care, custody and control of such minor, but such direction, instruction or command shall be a matter of defense and the burden of proof thereof to the satisfaction of the court shall be upon the defend- ant in any prosecution for violation of this ordinance. Each and every violation of the provisions of this section shall constitute a separate offense and shall be puniShable as such. Section 2. RESPONSIBiLITY OF PARENTS. It shall be deemed a violation of this ordinance for any parent, guardian or other adult person having the care, custody or control of a minor under the age of sixteen years to allow or permit such minor, either expressly or by neglect to duly exercise such care, custody or control, to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other pUblic grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsuperv~sed places, between the hours of 10 o'clock P.M. of any day and 4 o'clock A.M. of the fOllowing day, official city time, except as provided in Section 1 of this Ordinance, and the burden of proving such exception shall be on the defendant; provided, that in any prosecution under this section it shall not constitute a defense thereto that the parent, guardian or other adult person having the care, custody, or control of any such minor under the age of sixteen years, did not have knowledge that such minor did loiter, idle, wander, stroll or play in or upon any of the places specified in this section at any time between the hours herein specified. ~ction 3. PENALT.LES. Any minor violating the provisions of Section 1 of this Ordinance shall be dealt with in accordance with and pursuant to the provisions of Chap- ter 227 of the Laws of the 28th Legislative Assembly of The State of Montana, commonly referred to as "The Juvenile Delinquency Act". Any parent, guardian or other adult per- son having the care, custody or control of a minor violating any of the provisions of Section 1 of this ordinance shall be deemed guilty of a violation of the provisions of 232 Section 2 of this Ordinance and upon conviction thereof in the Police Court of The City of Bozeman shall be fined in a sum not less than $5.00 nor more than $50.00, or by imprisonment in the City or County jail for a period not exceeding twenty-five (25) days, or by both such fine and imprisonment for each offense of which such parent, guardian or other adult person shall be so convicted. Section 4. REPEAL OF ORDINANCE NO. 720. Ordinance No. 720 of The City of Boze- man, Montana, entitled: "An Ordinance Regulating and Controlling the being in or upon the Streets, Alleys, Parks and Other Public Places of The City of Bozeman at Unseemly Hours by Unattended and Unsupervised Minors under the Age of Sixteen Years, and Repealing Ordinance No. 193" is hereby repealed, but this repeal of said Ordinance No. 193 shall not be construed to reviVe any ordinance repealed by said Ordinance No. 193, hereby repealed. Section 5. SEPARABILITY OF PROVISIONS. It is the intention of the Ci ty C6mmls--.. sion that each separate provision of this Ordinance shall be deemed independent of all of the other provisions of this Ordinance, and that if any provision of this Ordinance shall be held unconstitutional or invalid for any reason, all of the other provisions of this Ordinance shall remain valid and enforceable. Section 6. EFF'ECrIVE DATE. This Ordinance shall be in full force and effect upon the expiration of thirty (30) days after its passage and adoption. Passed and adopted by the City Commission of The City of Bozeman, Montana, this 26th day of May, 1944, the City Commission being then and there in regular session assembled, all members present and the vote for passage and adoption, on roll call and duly- r:ecorded, being unanimous. ATT EST: xt~ Clerk of the City Commission. (//~~~ Mayor Published by title, as required by law, in Bozeman Daily Chronicle on the 28th day of \ 1 ',. May, 1944. State of Montana ) ) ss County of Gallatin ) I, L. G. Shadoan, Clerk of the Commission of The City of Bozeman do hereby certify that the foregoing Ordinance No. 728 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation, printed and published in said City in the issue of May 28th, 1944, and that due proof is on file in my office. IN WITNESS Wl-iEREOF I hereunto set my hand and affix the seal of my office this 22nd day of June, 1944. yf J P~-~--h ) Clerk of the Commission Ordinance No. 728 r I I