Sec. 10-28-4. Memphis Minor curfew.
A.
It is unlawful for any minor between 17 and 18 years of age to remain in or upon any public street, highway, park, vacant lot, establishment or other public place within the city during the following time frames:
1.
Monday through Thursday between the hours of 11:00 p.m. to 6:00 a.m.;
2.
Friday through Sunday between the hours of 12:00 midnight to 6:00 a.m.
B.
It is unlawful for any minor 16 years of age and under to remain in or upon any public street, highway, park, vacant lot, establishment or other public place within the city during the following time frames:
1.
Monday through Thursday between the hours of 10:00 p.m. to 6:00 a.m.;
2.
Friday through Sunday between the hours of 11:00 p.m. to 6:00 a.m.
C.
It is unlawful for a parent or legal guardian to knowingly permit or by inefficient control to allow such minor to be or remain upon any street or establishment under circumstances not constituting an exception to, or otherwise beyond the scope of subsections A and B of this section. The term “knowingly” includes knowledge which a parent or guardian should reasonably be expected to have concerning the whereabouts of a minor in that parent’s legal custody. The term “knowingly” is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It is not a defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor child.
D.
The following are valid exceptions to the operation of the curfew:
1.
At any time, if a minor is accompanied by such minor’s parent or legal guardian;
2.
When accompanied by an adult authorized by a parent or guardian of such minor to take such parent or guardian’s place in accompanying the minor for a designated period of time and purpose within a specified area;
3.
Until the hour of 12:30 a.m., if the minor is on an errand as directed by such minor’s parent or guardian;
4.
If the minor is legally employed, for a period of from 45 minutes before to 45 minutes after, while going directly between the minor’s home and place of employment. This exception shall also apply if the minor is in a public place during the curfew hours in the course of the minor’s employment. To come within this exception, the minor must be carrying written evidence of employment which is issued by the employer;
5.
Until the hour of 12:30 a.m. if the minor is on the property of or the sidewalk directly adjacent to the place where such minor resides or the place immediately adjacent thereto, if the owner of the adjacent building does not communicate an objection to the minor and the law enforcement officer;
6.
When returning home by a direct route from (and within 30 minutes 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. This exception does not apply beyond 1:00 a.m.;
7.
In the case of reasonable necessity, but only after such minor’s parent has communicated to law enforcement personnel the facts establishing such reasonable necessity relating to specified streets at a designated time for a described purpose including place of origin and destination. A copy of such communication, or the record thereof, an appropriate notation of the time it was received and of the names and addresses of such parent or guardian and minor constitute evidence of qualification under this exception;
8.
When 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. A minor shall show evidence of good faith of such exercise and provide notice to city officials by first delivering to the appropriate law enforcement authority written communication, signed by such minor, with the minor’s home address and telephone number addressed to the mayor of the city specifying when, where and in what manner the minor will be on the streets at night in the exercise of a First Amendment right specified in such communication; and
9.
When a minor is, with parental consent, in a motor vehicle engaged in good faith interstate travel.
Each of the foregoing exceptions, and the limitations are severable.
E.
When any child is in violation of this section, the apprehending officer shall act in one of the following ways:
1.
In the case of the first violation, and in the opinion of the officer such action would be effective, take the child to the child’s home and warn and counsel the parents or guardians;
2.
Issue a summons to the child and/or parents or guardians to appear at the juvenile court; or
3.
Bring the child into custody of the juvenile court for disposition.
F.
Penalty for violation.
1.
A minor violating the provisions of this section shall commit an unruly act disposition of which shall be governed pursuant to T.C.A. title 37.
2.
Any parent, guardian or other person having the care, custody and control of a minor violating the provisions of this section is guilty of a misdemeanor and shall be fined no more than $50.00 for each offense; each violation of the provisions of this section shall constitute a separate offense.
(Code 1985, § 20-32; Ord. No. 4430, § 1, 8-6-1996)
State law reference— Child Curfew Act of 1995, T.C.A. § 39-17-408.
