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