CURFEW ORDINANCE
Ordinance No. 82, effective February 7, 1982
as amended by Ordinance No. 135, effective September 14, 1998
201.000
AN ORDINANCE TO REGULATE THE HOURS WHICH MINOR CHILDREN, UNDER THE AGE OF SEVENTEEN (17) YEARS SHALL BE PERMITTED TO BERRIEN COUNTY UPON THE PUBLIC STREETS, OR IN ANY PUBLIC PLACE IN THE CITY OF BRIDGMAN, WITHOUT BEING IN THE PRESENCE OF THEIR PARENTS OR GUARDIANS, OR SOME ADULT PERSON DELEGATED BY THE PARENTS OR GUARDIANS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. (Amended by Ordinance No. 135, effective September 14, 1998)
THE CITY OF BRIDGMAN ORDAINS:
SECTION 1. TITLE - 201.001
This Ordinance shall be known and may be cited as the City of Bridgman Curfew Ordinance.
SECTION 2. PURPOSE - 201.002
This Ordinance is enacted for the purpose of regulating the hours during which a child under the age of seventeen (17) years may appear upon the public streets or in any public place in the City of Bridgman without being in the presence of their parents or guardians, or some adult person delegated by their parents or guardians: and to regulate such activities in the interest of the perseverance of the public health, safety and general welfare. (Amended by Ordinance No. 135, effective September 14, 1998)
SECTION 3. CURFEW - 201.003
It shall be unlawful for any minor under the age of seventeen (17) years to loiter, idle, wander, stroll, play, pleasure ride, park or be in or on any type of vehicle whatsoever, or be or remain in, on or about any public street, highway, road, alley, park, playground, or other public grounds, public places and public buildings, vacant lots, places of amusement or entertainment, or other unsupervised places in the City of Bridgman between the hours of 11:00 p.m. to 6:00 a.m., official City time, of the following days: Sunday, Monday, Tuesday, Wednesday and Thursday of each week and between the hours of 12:00 p.m. and 6:00 a.m., official City time, of the following days: Friday and Saturday of each week; provided, however, that the provisions of this section do not apply to a minor accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or when the minor is going to, attending or coming directly from a legitimate church, municipal or school function, or to a minor whose lawful employment makes it necessary that such minor be in, on or about the places herein set forth within the prohibited hours contrary to the terms hereof. (Amended by Ordinance No. 135, effective September 14, 1998)
SECTION 4. PARENTAL RESPONSIBILITY - 201.004
It shall be unlawful for any parent, guardian, or other adult person having the care and custody of any minor under the age of seventeen (17) years to allow or permit any such minor to loiter, idle, wander, stroll, play, pleasure ride, park, or be in or on any type of vehicle whatsoever, or be or remain in, on or about any public street, highway, road, alley, park, playground or other public grounds, public places and public buildings, vacant lots, places of amusement or entertainment, or other unsupervised places in the City of Bridgman contrary to the provisions of and within the time prohibited in Section 3. It shall further be unlawful for any parent, guardian or other adult person having the care and custody of any minor under the age of seventeen (17) years to fail or neglect to cause any such minor to refrain from being in, on or about the places set forth in Section 3 within the time prohibited contrary to the terms and provisions of this Ordinance. (Amended by Ordinance No. 135, effective September 14, 1998)
SECTION 5. LACK OF KNOWLEDGE - 201.005
(Repealed by Ordinance No. 135, effective September 14, 1998)
SECTION 6. AMUSEMENT PLACES - 201.006
It shall be unlawful for any person operating places of amusement and entertainment in the City of Bridgman, including, but not limited to, bowling alleys, theaters, pool halls, dance halls, or placing having amusement devices such as pin ball and video game machines, to permit any minor under the age of seventeen (17) years to enter such places of amusement and entertainment during the hours prohibited by the terms of Section 3; provided, however, that the provisions of this section do not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor. (Amended by Ordinance No. 135, dated September 14, 1998)
SECTION 7. CUSTODY - 201.007
Any minor found by any police officer in violation of Section 3 [64.103] of this Ordinance shall be taken into custody by said police officer and delivered as soon as may be to the parent, guardian or other adult person having the lawful care and custody of said minor.
SECTION 8. NOTICE TO PARENTS - 201.008
Whenever any minor shall be taken into custody, as hereinbefore provided, written notice shall be given the parent, guardian or other person having the lawful care and custody of said minor in the form hereinafter provided, which notice shall be served upon such person by handing said person a copy of the same personally or by leaving a copy thereof at his or her place of residence and informing any person upon the premises of suitable age and understanding of the contents thereof. Such notice shall be in substantially the following manner:
To: ________________________________
You are hereby notified that on the _____ day of ____________, 19__, your minor child named ________________________________ was taken into custody for being upon the streets of the City of Bridgman in violation of the City of Bridgman “Curfew Ordinance”.
You are further notified that failure to observe the provisions of this Ordinance may result in your liability for the penalty provided.
________________________________
Officer, Bridgman Police Department
SECTION 9. MUNICIPAL CIVIL INFRACTION - 201.009
Any person who violates any of the provisions of this Ordinance shall be responsible for a municipal civil infraction and shall be subject to a fine of not less than $50.00, plus costs, damages, expenses and other sanctions as herein provided, for each civil infraction. A subsequent or repeat violation by the same individual of the same alleged violation within six (6) months shall carry a fine of $250.00 plus costs, damages, expenses, and other sanctions as herein provided and any subsequent repeat occurrences shall carry a fine of $500.00 plus costs, damages, expenses and other sanctions as herein provided.
Authorized Municipal Officials for the purpose of issuing municipal civil infraction citations and municipal civil infraction notices under the provisions of this Ordinance shall, in addition to police officers, include the following: Park Superintendent or City Superintendent. (Amended by Ordinance No. 135, effective September 14, 1998)
SECTION 10. REPEALER - 201.010
Any Ordinance of the City of Bridgman enacted prior to his Ordinance, which is in conflict herewith, is hereby expressly repealed.
SECTION 11. SEVERABILITY CLAUSE - 201.011
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared by a Court to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part so invalid; it being the intention of the City Commission that each part, paragraph, sentence or any part thereof is separate from the rest of this Ordinance.
SECTION 12. ADOPTION - 201.012
This Ordinance is deemed necessary for the health, safety and welfare of the citizens of Bridgman and is adopted at a regular meeting of the City Commission duly called this 17th day of August, 1998 and shall become effective in twenty (20) days and is ordered to be given publication in the manner prescribed by law. (Effective September 14, 1998)
