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96-9749 MinorsORDINANCE NUMBER 96-9749 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF CHAPTER 21 OF THE SALINA CODE PERTAINING TO MINORS AND REPEALING THE EXISTING CHAPTER. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Chapter 21 of the Salina Code is hereby amended to read as follows: "ARTICLE I. IN GENERAL Secs. 21-1--21-15. Reserved. ARTICLE II. CURFEW Sec. 21-16. Definitions When using this chapter, the following words and phrases shall have the meaning indicated. (1) Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. (2) Child or Children means any person/persons fifteen (15) or less years of age. (3) Parent when used in relation to a child includes a guardian, conservator, and every person who is by law liable to maintain, care for, or support the child. (4) Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, school grounds, shopping centers, parking lots, parks, playgrounds, transportation facilities, theaters, restaurants, shops, bowling alleys, taverns, cafes, arcades, and similar areas that are open to the use of the public. As a type of public place, a street is a way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. "Street" includes that legal right of way, including but not limited to improved traffic lanes, the curb, the sidewalks whether paved or unpaved, and any grassy areas or other grounds found within the legal right of way of the street. Sec. 21-17. Curfew for Children Pursuant to the City's home rule authority and in accordance with the policy statement set forth in Resolution Number 96-5032, any child is prohibited from being in or upon a public place within the City during the period beginning at 11:00 p.m. and ending at 6:00 a.m. Sec. 21-18. Exceptions The following shall constitute valid exceptions to the operation of the curfew for children. (1) When a child is accompanied by a parent of the child. (2) When a child is accompanied by an adult authorized by a parent of the child to take the parent's place in accompanying the child for a designated period of time and purpose within a specified area. CanxlkdlB��$Alira repealed. (3) When a child is upon an emergency errand directed by the child's parent. (4) When a child is on the sidewalk or property where the child resides, or on either side of the street from the place where the child resides and the adult owner or resident of that property has given permission for the child to be there. (5) When a child is going to, engaged in, or returning from, without stop or detour, a lawful employment activity. (6) When a child is going to, attending, or returning from, without stop or detour, an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civic, school, or religious organization or similar entity. Sec. 21-19 Process In accordance with the Kansas Code for Care of Children, (K. S. A. 38-1501 et seq., and amendments thereto) , a law enforcement officer observing a child engaged in activity prohibited by this chapter shall be deemed to have: (1) probable cause to believe that the child is a "child in need of care" as defined by K. S. A. 38-1502(a), and amendments thereto; and (2) reasonable grounds to believe that the circumstances of the child are such that continuing in the place in which the child has been found would be harmful to the child; and may, therefore, take the child into custody pursuant to K. S. A. 38-1527, and amendments thereto, and either: (1) deliver the child to the custody of the child's parent or other guardian; or (2) transport the child to a designated location for the purpose of undergoing the juvenile intake and assessment process. Sec. 21-20. Severability If any provision of this chapter, including any exception, part, phrase, or term, or the application thereof to any person or circumstances is held invalid, the application to other persons or circumstances shall not be affected thereby and the validity of this chapter in any and all other respects shall not be affected . " Section 2. That the existing Chapter 21 of the Salina Code is hereby Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. {SEAL} ATTEST: Introduced: July 1, 1996 Passed: July 15, 1996 Evelyn Maxwell, Mayor