ORDINANCE NO. 110646,
AS AMENDED
Amending Article VII of Chapter
50, Code of Ordinances, by repealing Section 50-237, Curfew for persons under
18 years of age, and enacting in lieu thereof a new Section 50-237, “Citywide
curfews for persons under 18 years of age” and a new Section 50-238,
“Entertainment District: extended curfews for persons under 18 years of age”
and declaring an emergency.
WHEREAS, in recent
weeks, there have been several incidents of violent and criminal acts occurring
amidst crowds of young people under 18 years of age unsupervised by a parent or
guardian late at night at various locations throughout the City of Kansas City;
and
WHEREAS, these
incidents have heightened the Council’s awareness of risks of personal injury
and harm from such acts of violence posed by such late night crowds of
unsupervised young people under 18 years of age to both those young people and
those other persons using the City’s streets, sidewalks, parks and other public
places at night which current measures have been unsuccessful in anticipating
or preventing; and
WHEREAS, these late
night crowds of unsupervised young people under 18 years of age have a higher
likelihood of occurring within those areas of the City within which
entertainment, retail and restaurant venues are present; and
WHEREAS, the Council
recognizes and finds that young persons under 16 years of age are the most
vulnerable to physical harm and injury and the most difficult to protect from
the risk of personal injury and harm from such acts of violence posed by such
late night crowds of unsupervised young people under 18 years of age; and
WHEREAS, the Council
recognizes that the prevalence of cellular telephones with digital camera and
video capabilities, along with web browsing and social networking applications,
among young people under 18 years of age has enabled and fueled a “flash mob”
phenomenon that increases the frequency and severity of the incidents of
violence among these late night crowds of unsupervised young people under 18
years of age; and
WHEREAS, the Council
recognizes that these late night crowds of unsupervised young people under 18
years of age also pose a threat of damage to public and private property,
impair the use and enjoyment of other persons of their abutting or nearby real
property and of their access to, and enjoyment of, public streets, sidewalks,
parks and other public places and a significant threat to the economic
viability of businesses located within or near the areas in which these late
night crowds develop; and
WHEREAS,
the Council recognizes that these incidents and occurrences pose an
immediate
risk to the public peace, property, health or safety of the citizens of the
city
and
that the curfews set out below are essential to the immediate preservation of
the
public peace,
property, health or safety of the citizens of the city and that this ordinance
needs to take
effect immediately; and
WHEREAS, the
Country Club Plaza is a historic section of the City of Kansas City, Missouri,
that is a destination for residents and visitors to the City. The Country Club
Plaza attracts millions of visitors each year. The hotels, restaurants and
shopping opportunities in the Country Club Plaza provide significant tax
revenue for the City of Kansas City and are a part of its economic base. The
vitality of the Country Club Plaza is integral to the continued economic
success of the City of Kansas City, Missouri; and
WHEREAS, the
Westport Shopping District is a historic section of the City of Kansas City,
Missouri that is a destination for residents and visitors to the City. The
vitality of the Westport Shopping District is integral to the continued
economic success of the City of Kansas City, Missouri; and
WHEREAS, the
City of Kansas City, Missouri has invested hundreds of millions of dollars in
the Central Business District of downtown Kansas City. Given the City’s
investment, the prosperity of this area is integral to the continued economic
success of the City of Kansas City, Missouri; and
WHEREAS, the newly
developed Zona Rosa Shopping District is a destination for residents and
visitors to the City. The vitality of the Zona Rosa Shopping District is
integral to the continued economic success of the City of Kansas City, Missouri;
and
WHEREAS, the
18th & Vine District is a historic section of the City of Kansas City,
Missouri, that is a destination for residents and visitors to the City. The
vitality of the 18th & Vine District is integral to the continued economic
success of the City of Kansas City, Missouri; and
WHEREAS, the
Council has determined that expanded curfews are essential to preventing the
violence associated with late night crowds of young people under 18 years of
age and protecting young people under 18 years of age, as well as other
persons, from the threats of, and infliction of actual, physical injury,
protecting the rights of other persons to freely use the City’s public streets,
sidewalks, parks and other public places and to protect the economic viability
of business and entertainment districts into which the City has substantially
invested public funds; NOW, THEREFORE,
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY;
Section 1. That
Article VII of Chapter 50, Code of Ordinances of the City of Kansas City,
Missouri, is hereby amended by repealing Section 50-237, entitled “Citywide
curfews for persons under 18 years of age”, and enacting in lieu thereof a new
Section 50-237, entitled “Citywide curfews for persons under 18 years of age”,
to read as follows:
Sec. 50-237. – Citywide curfews
for persons under 18 years of age.
(a) Curfews
from and including the Friday preceding Memorial Day through the last Sunday of
September.
(1) Curfew
for persons under 16 years of age.
From
and including 12:01 a.m. on the Friday preceding Memorial Day each year through
12:00 midnight of the last Sunday of September of each year, it is unlawful for
any person under 16 years of age to loiter, wander, stroll or play in or upon
the public streets, highways, roads, sidewalks, 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 10:00 p.m. on any
day and 6:00 a.m. of the following day; and provided that the provisions of
this section shall not apply in the following instances:
(i) When a person under 18 years of age is
accompanied by his or her parent, guardian or other adult person having the
lawful care and custody of such person;
(ii) When the person under 18 years of age 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;
(iii) When the person under 18 years of age is
returning directly home from a school activity, entertainment, recreational
activity or dance;
(iv) When the person under 18 years of age is
returning directly home from lawful employment that makes it necessary to be
in the places referenced in this section during the prescribed period of
time;
(v) When the person under 18 years of age 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;
(vi) When the person under 18 years of age is in
interstate travel through the city or in travel through the city
from one city or unincorporated portion of a county abutting Kansas
City to another city or unincorporated portion of a county abutting
Kansas City; or
(vii) When the person under 18 years of age is
attending an event for which the City has specifically approved the presence
of unaccompanied persons under 18 years of age upon City property.
(2) Curfews
for persons of 16 years of age and under 18 years of age.
From
and including 12:01 a.m. on the Friday preceding Memorial Day each year through
12:00 midnight of the last Sunday of September each year, it is unlawful for
any person 16 years of age and under 18 years of age to loiter, wander, stroll
or play in or upon the public streets, highways, roads, sidewalks, 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
p.m. on any day and 6:00 a.m. of the following day; and provided that the
provisions of this section shall not apply in the instances enumerated above in
subsections (a)(1)(i) – (vii).
(b) Curfews
for Remainder of the Year.
For
the remainder of the calendar year, it is unlawful for any person under 18
years of age to loiter, wander, stroll or play in or upon the public streets,
highways, roads, sidewalks, 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 p.m. on any day and 6:00 a.m. of the
following day on a Sunday through Thursday or between the hours of 12:00
midnight and 6:00 a.m. of the following day on a Friday or a Saturday; and
provided that the provisions of this section shall not apply in the instances
enumerated above in subsections (a)(1)(i) – (vii).
(c) It
shall be unlawful for the parent, guardian or other person having custody or
control of any under the age of 18 years to permit, or by insufficient control
to allow, such person under the age of 18 years to be in or upon the public
streets or any other places listed in subsections (a) or (b) within the city in
violation of a curfew set out therein, except in circumstances set out in
subsections (a)(1)(i) – (vii).
(d) Penalties.
(1) Upon conviction of a violation of subsection (c), a parent,
guardian or other person having custody or control of any person under the age
of 18 years shall be subject to a fine not to exceed $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 the
person under the age of 18 years at the time of the violation.
(2) No person under the age of 18 years shall be prosecuted for a
violation of subsection (a). However, the police department and other law
enforcement officials are authorized to detain any person under the age of 18
years in violation of subsection (a) until either released to that person’s
parent, guardian or other person having custody or control of such person under
the age of 18 years or 6:00 a.m. the following day, whichever occurs first.
(e) On
a semiannual basis, the police department shall report to the council the
number of arrests under this section, the location of the arrests and the race
of persons so arrested.
(f) On
a semiannual basis, the municipal court shall report to the council on the
disposition of arrests and convictions under this section.
(g) Nothing
in this section shall affect the authority of the mayor to impose a curfew.
Section 2. That
Article VII of Chapter 50, Code of Ordinances of the City of Kansas City,
Missouri, is hereby amended by enacting a new Section 50-238, entitled
“Entertainment District: extended curfews for persons under 18 years of age”,
to read as follows:
Sec. 50-238. – Entertainment
districts: extended curfew for persons under 18 years of age.
(a) Definitions.
For
purposes of this section, the following areas shall be considered Entertainment
Districts to which this extended curfew for persons under 18 years of age
applies:.
(1)
18th & Vine District Area means the area generally described as the
area between 17th Terrace (John Buck O’Neil Way) on the north, Woodland on the
east, 19th Street on the south, and The Paseo on the west. The 18th
and Vine District Area includes the public areas on both sides of the named
boundaries.
(2)
Central Business District Area means the area generally described as the
area between the Missouri River on the north, Broadway on the west, Holmes on
the east and Pershing Road on the south. The Central Business District Area
includes the public areas on both sides of the named boundaries.
(3)
Country Club Plaza Area means the area generally described as the area
between 46th Terrace on the north, J.C. Nichols Parkway on the east, Ward
Parkway on the south and Jefferson on the west. The Country Club Plaza Area
includes the public areas on both sides of the named boundaries.
(4)
Westport Shopping District Area means the area shown on Exhibit D
attached hereto and generally described as the area between 39th
Street on the north, Main Street on the east, 43rd Street on the South and
Southwest Trafficway on the West, shall be known as the Westport Shopping
District Area. The Westport Shopping District Area includes the public areas on
both sides of the named boundaries.
(5)
Zona Rosa Shopping District Area means the area shown on Exhibit E
attached hereto and generally described as the area between Missouri Highway
152 on the north, Interstate 29 on the east, to Barry Road on the south, to
Northwest Prairie View Road, to Northwest 86th Terrace and to North
Congress Avenue on the west, shall be known as the Zona Rosa Shopping District
Area. The Zona Rosa Shopping District Area includes the public areas on both
sides of the named boundaries.
(b) From
and including 12:01 a.m. on the Friday preceding Memorial Day each year through
12:00 midnight of the last Sunday of September each year, it is unlawful within
any Entertainment District for any person under 18 years of age to loiter,
wander, stroll or play in or upon the public streets, highways, roads,
sidewalks, 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 9:00 p.m. on any day and 6:00 a.m. of the following day;
provided that the provisions of this section shall not apply in the following
instances:
(i) When a person under 18 years of age is
accompanied by his or her parent, guardian or other adult person having the
lawful care and custody of such person;
(ii) When the person under 18 years of age 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;
(iii) When the person under 18 years of age is
returning directly home from a school activity, entertainment, recreational
activity or dance;
(iv) When the person under 18 years of age is
returning directly home from lawful employment that makes it necessary to be
in the places referenced in this section during the prescribed period of
time;
(v) When the person under 18 years of age 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;
(vi) When the person under 18 years of age is in
interstate travel through the city or in travel through the city
from one city or unincorporated portion of a county abutting Kansas
City to another city or unincorporated portion of a county abutting
Kansas City; or
(vii) When the person under 18 years of age is
attending an event for which the City has specifically approved the
presence of unaccompanied persons under 18 years of age upon City
property.
(c) It
shall be unlawful for the parent, guardian or other person having custody or
control of any person under the age of 18 years to permit, or by insufficient
control to allow, such person under the age of 18 years to be in or upon the
public streets or any other places listed in subsection (b) within any
Entertainment District between the hours of 9:00 p.m. and 6:00 a.m. on the
following day, except in circumstances set out in subsections (b)(i) through (vii)
of this section.
(d) Penalties.
(1) Upon conviction of a violation of subsection (c), a parent,
guardian or other person having custody or control of any person under the age
of 18 years shall be subject to a fine not to exceed $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 the
person under the age of 18 years at the time of the violation.
(2) No person under the age of 18 years shall be prosecuted for a
violation of subsection (a). However, the police department and other law
enforcement officials are authorized to detain any person under the age of 18
years in violation of subsection (a) until either released to that person’s
parent, guardian or other person having custody or control of such person under
the age of 18 years or 6:00 a.m. the following day, whichever occurs first.
(e) On
a semiannual basis, the police department shall report to the council the
number of arrests under this section, the location of the arrests and the race
of persons so arrested.
(f) On
a semiannual basis, the municipal court shall report to the council on the
disposition of arrests and convictions under this section.
(g) Nothing
in this section shall affect the authority of the mayor to impose a curfew.
Section 3. That
this ordinance is declared an emergency measure within the
provisions
of Section 503(a)(2) of the City Charter in that it relates to the immediate
preservation
of the public peace, property, health or safety of the citizens of the city
and,
pursuant
to Section 503(a)(1) of the City Charter, this ordinance shall take effect
immediately
following approval by the Mayor.
______________________________________
Approved as to form and legality:
______________________________
Galen P. Beaufort
City Attorney