Ordinance # 05-09-150
Section 1. Purpose
Whereas, the Mayor and Board of Aldermen of the City of Horn Lake, Mississippi have determined the necessity exists to adopt a Curfew Ordinance to promote the health, safety, and welfare of the Citizens by regulating the presence of minors after a certain hour at night and when school is in session.
Whereas, the Mayor and Board of Aldermen have determined that it is in the best interest of public safety and all citizens to restrict the presence of minors in public places during the late evening and during the hours that school is in session.
Minor - is any un-emancipated person under the age of eighteen (18) years.
Parent - is any person having legal custody of a minor as described in any of the following circumstances: (1) as a natural or adopted parent of the minor; or (2) as a legal guardian of the minor; or (3) as a person who stands in loco parentis; or (4) as a person to whom legal custody has been so deemed by the court.
Public Place - any state, county or city highway, roadway, street or sidewalk, or any public premises, parking lot, or place to which the general public has access and a right to resort for business, entertainment, recreation or other lawful purposes.
It shall be unlawful for any minor under the age of 18 years to be upon any public place, after the hour of 11:00 p.m. until the hour of 6:00 a.m., or during school hours, 7:30 a.m. to 3:00 p.m., when in session. There is no violation if accompanied by a parent, or if the minor is participating in, or going to, or returning from, employment or sanctioned sporting, entertainment, religious, educational event or is involved in an emergency.
It is unlawful for a parent to knowingly permit, or by ineffective or inefficient control to allow a minor under his or her care, custody or control to be or remain in any public place under any circumstances that would constitute a violation under this ordinance. The term “knowingly” includes knowledge, which a parent should reasonably be expected to have concerning the whereabouts of a minor under that parent’s custody.
Any minor in violation of this Ordinance, shall be summoned to Youth Court.
Any parent in violation of this Ordinance shall be summoned to the Municipal Court.
Any person found guilty of violating the provisions of this ordinance shall be guilty of a misdemeanor and fined not more than $500.00 and/or six (6) months in jail, or both.
Severability is intended throughout and within the provisions of this curfew ordinance. If any provision, including any exemption, part, phrase, term or the application thereof to any person or circumstance is held invalid by a court of appropriate jurisdiction, the application to other persons or circumstances shall not be affected thereby, and the validity of the curfew ordinance in any and all other respects shall not be affected thereby.
Ordinance 95-08-45 shall be repealed upon the effective date of this ordinance.
This ordinance shall be effective and be in full force from and after being adopted, certified by the City Clerk, signed by the Mayor or Board Majority, recorded in the Ordinance Book, published and after the passage of 30 days.
So ordained this the 6th day of September 2005.