HomeMy WebLinkAboutOrdinance 80.04 Repealing Ordinance. 78.05 and unlawful loitering and curfew violation ~$. ~h -
ORDINANCE NO.
AN ORDINANCE REPEALING TOWN ORDINANCE NO. 78.05 AND
SUBSTITUTING THEREFOR AN ORDINANCE OF THE TOWN OF MARANA
DECLARING LOITERING AND VIOLATION OF CURFEW BY MINORS
UNLAWFUL.
WHEREAS, the Town of Marana did enact that certain
Ordinance No. 78.05 on 3 July 1978; and
WHEREAS, the Town of Marana does now wish to repeal
said Ordinance and substitute therefor a new ordinance re-
lating to loitering and violations of curfew of minors;
BE IT ORDAINED BY THE TOWN OF MARANA THAT ORDINANCE
NO. 78.05 IS HEREBY REPEALED AND THE NEW ORDINANCE RELATING
TO LOITERING AND VIOLATIONS OF CURFEW BY MINORS SHALL READ
AS FOLLOWS:
Section 1. Minors-loitering generally; curfew.
Definitions.
(a) Juvenile is any person who has not yet reached
eighteen (18) years of age.
(b) Parent is any natural or adoptive parent of a
juvenile.
(c) Guardian is any person other than a parent, who
has legal guardianship of the person of a
juvenile.
(d) Custodian is any person, not a juvenile, who is
in loco parentis to a juvenile.
It shall be unlawful for any juvenile, prior to his
sixteenth birthday, to be, remain, loiter, or cruise in
any vehicle, in, about or upon any place in the town away
from the dwelling house or usual place of abode of said
juvenile, between the hours of 10:00 o'clock p.m. and 5:00
o'clock a.m. of the following day.
It shall be unlawful for any juvenile, on or after
his sixteenth birthday, but prior to his eighteenth birth-
day, to be, remain, loiter, or cruise in any vehicle,
about or upon any place in the town away from the dwelling
house or usual place of abode of said juvenile, between
the hours of 12:00 o'clock midnight, and 5:00 o'clock a.m.
of the fcllowing day.
The provisions of this section shall not apply to
any juvenile when he is accompanied by his parent, guardian
or custodian, or when said juvenile is lawfully married,
or when said juvenile is on an emergency errand, or when
business or activity directed or permitted by his parents,
guardian or custodian.
It shall be unlawful for the parent, guardian, or
custodian of any juvenile to permit said juvenile to be,
remain, loiter, or cruise in any vehicle, in, about or
upon any place in the town away from the dwelling house
or usual place of abode of such juvenile in violation of
this section.
Section 2. Penalty.
Any person, firm or corporation whether as principal,
owner, agent, tenant, employee or otherwise, who violates
any provisions of this Ordinance or violates or fails to comply
with any order or regulation made hereunder shall be guilty
of a misdemeanor and upon conviction thereof shall be punish-
able by a fine of not more than $300.00 or by imprisonment in
the county jail of Pima County for a term not exceeding 3
months or by both such fine and imprisonment, and each day's
continuance of a violation shall be deemed a separate offense.
Section 3. Severability.
This Ordinance and the various sections thereof are
hereby declared to be severable. Should any Section or regu-
lation of this Ordinance be declared by a court or competent
jurisdiction to be unconstitutional or invalid, such decision
shall not affect the validity of the Ordinance as a whole, or
any portion thereof other than the Section or regulation so
declared to be unconstitutional or invalid.
Section 4. Emergency Clause.
Whereas the immediate operation of this ordinance is
necessary for the preservation of the public peace, heath
and safety of the Town of Marana, an emergency is hereby
to exist, and this ordinance shall be in full force and
effect from and after its passage, adoption and approval
by the Town Council of Marana.
PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, THIS L~ DaY OF~7~-~_~/ , 1980.
ATTEST:
APPROVED:
Town Attorney