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Legislation #: 910678 Introduction Date: 5/30/1991
Type: Ordinance Effective Date: 9/1/1991
Sponsor: COUNCILMEMBER FINLEY AND COUNCILMEMBER FINLEY
Title: Amending Chapter 26 of the Code of General Ordinances by enacting a new section, establishing a curfew for certain minor children.

Legislation History
DateMinutesDescription
5/30/1991

Prepare to Introduce

5/30/1991

Referred Plans And Zoning Committee

6/5/1991

Hold On Agenda

6/12/1991

Hold On Agenda

6/26/1991

Hold On Agenda

7/17/1991

Hold On Agenda

7/31/1991

Hold On Agenda

8/7/1991

Do Pass as a Committee Substitute

8/8/1991

Assigned to Third Read Calendar

8/15/1991

Held on Docket

8/22/1991

Called for Question

8/22/1991

Passed as Substituted

8/22/1991

Move To Hold On Docket


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 910678

 

Amending Chapter 26 of the Code of General Ordinances by enacting a new section, establishing a curfew for certain minor children.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 26 of the Code of General Ordinances is amended by enacting a new section to be numbered Section 26.138 and to read as follows:

 

Section 26.138. Curfews for Certain Minor Children.

 

(a) It is unlawful for any minor under the age of 18 years to loiter, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots or any place unsupervised by an adult having the lawful authority to be at such places, between the hours of 11:00 o'clock p.m. on any day and 6:00 o'clock a.m. of the following day; provided, however, that on Fridays and Saturdays the effective hours are between 12:00 o'clock midnight and 6:00 o'clock a.m. of the following day; and provided, that the provisions of this section shall not apply in the following instances:

 

(1) When a minor is accompanied by his or her parent,

guardian or other adult person having the lawful care and custody of the minor;

 

(2) When the minor is upon an emergency errand directed

by his or her parent or guardian or other adult person having the lawful care and custody of such minor;

 

(3) When the minor is returning directly home from a

school activity, entertainment, recreational activity or dance;

 

(4) When the minor is returning directly home from

lawful employment that makes it necessary to be in the above-referenced places during the prescribed period of time;

 

(5) When the minor is attending or traveling directly to

or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly or free exercise of religion; and

 

(6) In interstate travel through the City of Kansas

City, Missouri.

 

(b) It shall be unlawful for the parent, guardian, or other person having custody or control of any child under the age of 18 years to permit, or by insufficient control, to allow such child to be in or upon the public streets or any other places listed within the City between the hours of 12:00 o'clock midnight and 6:00 o'clock a.m. the following except in circumstances set out in subsections (1) through (6) of said section.

 

(1) Upon conviction of violation of this section for the

first time, a person shall be subject to a fine not to exceed one dollar ($1.00) with court costs to be waived.

 

(2) Upon further convictions, a person shall be subject

to a fine not to exceed five hundred dollars ($500.00) and costs. In lieu of a fine, the court may impose probation, provided that a condition of probation is attendance at family counseling sessions by the parent and juvenile, as recommended by appropriate health care providers. Each violation of this ordinance shall constitute a separate offense.

 

(c) The Police Department shall report to the Council the number of arrests under this section, the location of said arrests and the race of persons so arrested.

 

(d) On a semi-annual basis, the Municipal Court shall report to the Council on the disposition of arrests under this section.

 

(e) All ordinances or parts of ordinances in conflict herewith are hereby repealed; provided, however, that nothing in this ordinance shall affect the authority of the Mayor to impose a curfew pursuant to any ordinance existing on the date of the enactment of this ordinance into law.

 

_____________________________________________

 

 

Approved as to form and legality:

 

 

 

___________________________________

Assistant City Attorney