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Legislation #: 110646 Introduction Date: 8/18/2011
Type: Ordinance Effective Date: 8/18/2011
Sponsor: COUNCILMEMBER MARCASON
Title: 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.

Legislation History
DateMinutesDescription
8/19/2011 Filed by the Clerk's office
8/18/2011 Passed as Amended

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110646, as amended.pdf Authenticated 415K passed copy

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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