Offenses – Article 10. Curfew for Minors

Section 16-49. Definitions.

For the purpose of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein.

“Town” means the Town of Tryon, Lincoln County, Oklahoma.
“Minor” means any person under the age of eighteen (18).
“Parent” is the natural or adoptive parent of a minor.
“Guardian” is any person other than a parent who has legal guardianship of a minor;
“Custodian” is any person over the age of twenty-one (21) years who is in loco parentis to a minor; and
“Public place” means any street, alley, highway, sidewalk, park, playground, or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, café, theater, drug store, pool room, shopping center, and any other place devoted to the amusement or entertainment of the general public. It shall also include the front or immediate area of the above.

Section 16-50. Curfew For Minors.

It shall be unlawful for any minor to remain, idle, wander, stroll, or play in any public place either on foot or to cruise about without a set destination in any vehicle in, about, or upon any place in the Town of Tryon between the hours of 12:00 midnight and 6:00 a.m. Friday through Saturday and between the hours of 1 1:00 p.m. and 6:00 a.m. Sunday through Thursday unless accompanied by a parent, guardian, custodian, or other adult person having custody or control of such minor or unless the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian, or other adult person having the care and custody of the minor or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation.

Section 16-51. Responsibility of Owners of Public Places.

It shall be unlawful for any person, firm, or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors under the age of 18 during the hours referred to in Section 16-50 of this Chapter.

Section 16-52. Parents’ Responsibility.

It shall be unlawful for the parent, guardian, or other adult person having custody or control of any minor to suffer or permit or by inefficient control to allow such person to be on the streets or sidewalks or on or in any public property or public place within the Town of Tryon during the hours referred to in 16-50. The provisions of this section do not apply if:

The minor is accompanied by a parent, guardian, custodian, or other adult person having the care, custody, or control of the minor;
The minor is on an emergency errand, specific business, or activity directed by his parent, guardian, custodian, or other adult having the care and custody of the minor; or
The parent, guardian, or other adult person herein has made a missing person notification to the town police department.

Section 16-53. Special Functions.

The board of trustees may permit by resolution or motion procedures for advance notice or registration with the tow-n of special events or functions sponsored by churches, schools, clubs, or other organizations which require minors to be out at a later time. The board of trustees may also prescribe the procedures for taking into custody minors found in violation of this section.

Section 16-54. Exceptions.

In the following exceptional cases, a minor on a city street during the nocturnal hours for which section 16-50 is intended to provide the maximum limits of regulation shall not, however, be considered in violation of the Curfew Ordinance.

When accompanied by a parent of such a minor.
When accompanied by an adult authorized by a parent of such minor to take said parent’s place in accompanying said minor for a designated period of time and purpose within a specified area.
When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly. Such minor shall evidence the bona fides of such exercise by possessing a written communication, signed by such minor and countersigned, by a parent of such minor with their home address and telephone number, specifying when, where, and in what manner said minor will be on the streets at night in the exercise of a First Amendment right specified in such communication.
In case of reasonable necessity, but only if the minor has in said minor’s possession a written communication signed by the minor, countersigned by a parent of such minor evidencing their home address and telephone number and establishing such reasonable necessity relating to specified streets at a designated time for a described purpose including point of origin and destination.
When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next-door neighbor not communicating an objection to the police officer.
When returning home, by a direct route from, and within thirty (30) minutes of the termination of, a school activity, or an activity of a religious of the voluntary association, provided the minor has a written communication in the minor’s possession, countersigned by the parent indicating the home address and telephone number, the purpose for the event, when, where and in what manner said minor will be on the streets at night.
When the minor carries a certified card of employment, briefly identifying the minor, the addresses of his home and his place of employment, and his hours of employment or carries a valid proof of employment which may include the latest payroll receipt not over thirty (30) days old.
When the minor is, with parental consent, in a motor vehicle, this constitutes normal travel. This clearly exempts bona fide interstate movement through the Town of Tryon, particularly on normal routes.

Section 16-55. Procedures.

Any Police Officer upon finding a minor in violation of Section 16-50 of this Chapter shall ascertain the name and address of such minor and warn the minor that he or she is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The Police Officer shall report such action to the Chief of Police of the Police Department who in turn shall notice the parents, guardian, or person having custody or control of such minor.
If such a minor refuses to heed such warning or direction by any Police Officer or refuses to give such Police Officer his correct name and address, or if the minor has been warned on a previous occasion that he or she is in violation of curfew, he or she shall be taken to the Police Department and the parent, guardian or other adult person having the care and custody of such minor shall be notified to come and take charge of the minor. If the parent, guardian, or other adult person above cannot be located or fails to come and take charge of the minor, the minor shall be released to juvenile authorities.

Sec. 16-56. Penalties.

Any minor violating the provisions of this ordinance shall be dealt with in accordance with the Juvenile Court law and procedure. Any parent, guardian, or other adult person having the care and custody of a minor, who after the warning notice given pursuant to Section 16-55 of this Chapter has a second or further violation by a minor, such parent violates this Chapter, which violation shall be treated as an offense by the parent. The penalty shall be a fine of five hundred ($500.00), not including costs.

Town of Tryon