HomeMy WebLinkAboutORD956ORDINANCE NO.956
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY
AMENDING ARTICLE 10-1 OFFENSES -GENERAL BY AMENDING SECTION 10-1-11,
MINORS,AND ADOPTING SECTION 10-1-29,TRUANCY;PROVIDING FOR
PENALTIES;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
That Article 10-1-11 Minors of the Apache Junction City Code be amended to read
as follows:
Section 10-1-11 Curfew
A.I t is unlawful for any person fourteen (14)years of age and under
eighteen (18) years of age to remain upon,go or be upon any public
street,alley,or other public place of the City between 10:00
o'clock p.m.and 5:30 o'clock a.m.on Sunday,Monday,Tuesday,
Wednesday and Thursday,and between the hours of 12:00 o'clock a.m.
and 5:30 o'clock a.m.on Friday and Saturday,unless such person is
accompanied by a parent,guardian or some other person above the age
of eighteen (18)years having legal custody of the minor or is en
route directly home from the minor's place of employment or an
authorized function sponsored by a church,educational institution,
civic or social organization,or similar supervised activity.
B.I t is unlawful for any person under the age of fourteen (14)years
of age to remain upon,go or be upon any public street,alley or
other public place of the City between 10:00 o'clock p.m.and 5:30
o'clock a.m.on any day,unless such person is accompanied by a
parent,guardian or some other person above the age of eighteen (18)
years having legal custody of the minor or is en route directly home
from a minor's place of employment or an authorized function
sponsored by a church,educational institution,civic or social
organization,or similar supervised activity.
C.I t is unlawful for any parent,guardian or other person above the
age of eighteen (18)years having legal custody of the minor to
allow or permit such minor to remain upon,go or be upon any public
street,alley or other public place of the City between the hours
set forth in this section unless accompanied by such parent,
guardian or other person having legal custody of the minor or is en
route directly home from minor's place of employment or an
authorized function sponsored by a church,educational institution,
civic or social organization,or similar supervised activity.
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D.The provisions of this section shall not apply when the minor child
is upon an emergency errand directed by his or her parent,guardian
or other person having legal custody of the minor.
E.All parent(s),guardian(s)or other person(s)above the age of
eighteen (18) years having legal custody of any minor child have an
affirmative duty to prevent the minor child from remaining upon,
going or being upon any public street,alley or other public place
of the City between the hours set forth in this section unless
accompanied by such parent,guardian or other person having legal
custody of the minor unless the minor is en route directly home from
minor's place of employment or an authorized function sponsored by
a church,educational institution,civic or social organization,or
similar supervised activity.
F.Any peace officer having jurisdiction within the City may detain any
such minor for the limited purpose of immediately notifying the
parent,guardian or other person having legal custody of the minor
that they have been detained for violation of the provisions of this
section.
G.Any person under the age of eighteen (18) years who is convicted of
a violation of this section shall be guilty of a misdemeanor
punishable pursuant to Article 1-8.A of the City Code.The court
may additionally require such persons to perform community service
and/or successfully complete counselling or other education programs
as a condition of sentence.
H.Any person over the age of eighteen (18)years who is convicted of
a violation of this section shall be guilty of a misdemeanor
punishable pursuant to Article 1-8.A of the City Code.The court
may additionally require such persons to be placed on probation,
perform community service,to successfully complete counselling or
other educational programs,and order restitution for the costs of
prosecution and court costs as a condition of sentence.
That Article 10-1 Offenses of the Apache Junction City Code be amended by adding
Section 10-1-29 Truancy to read as follows:
Section 10-1-29 Truancy
A."Truancy"means the unexcused absence of any child age six to
sixteen from any school.The occurrence of five (5)or more
unexcused absences of any child age six to sixteen during a semester
or ten (10)unexcused absences during a school year shall raise a
presumption that the child was truant in violation of this section.
B."Unexcused absence"means an absence that within twenty-four (24)
hours after it has occurred has not been authorized by the parents,
guardian or any person having legal custody of any pupil age six to
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sixteen enrolled in a school.It shall be presumed that an absence
is an unexcused absence for purposes of this section upon the
failure of the parents,guardian or any person having legal custody
of any pupil age six to sixteen enrolled in a school to contact the
school and authorize the absence within twenty-four (24) hours after
the absence.
C.Every parent,guardian or other person having legal custody of a
minor child between the ages of six and sixteen years shall send the
child to school for the full time that school is in session within
the school district in which the minor resides,except that i f a
school is operated on a year-round basis the minor shall attend
school sessions which total not less than 175 days,or the
equivalent as approved by the Arizona superintendent of public
instruction during the school year.
D.It is unlawful for any person under the age of sixteen years to fail
to attend school during regularly scheduled school session unless
authorized not to attend school by their parent,guardian or other
person having legal custody of the minor.This subsection shall not
apply to any minor who has been excused by either the Pinal County
school superintendent or the Maricopa County school superintendent
pursuant to A.R.S.§15-802.B.1-9.
E.A person is excused from the duty imposed by subsection A.if any of
the requirements of A.R.S.§15-802.B.1-9 are met.
F.The school attendance officer or school district employees who have
knowledge of a child between the ages of six and sixteen years
and/or parent,guardian or other person having legal custody of a
minor child who are in violation of this section or Title 15,
Chapter 8,Article 1,Section 15-802,Arizona Revised Statutes,by
having more than five unexcused absences in a semester or more than
ten unexcused absences in a school year have a duty to report such
violation to the local law enforcement agency or prosecutor and
request that i t investigate and/or prosecute the violation.The
local law enforcement agency or prosecutor shall annually notify the
school superintendent annually of each school district within the
city of the school district duties under this subsection.
G.Any person over the age of eighteen years who is convicted of a
violation of this section shall be guilty of misdemeanor punishable
pursuant to Article 1-8.A of the City Code.The court shall impose
a mandatory minimum fine of $50.00,together with lawful surcharges
and assessments,which may not be waived or suspended.The court
may additionally require such persons to be placed on probation,
perform community service,to successfully complete counselling or
other education programs and order restitution for the costs of
prosecution and court costs as a condition of sentence.
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H.Any person under the age of eighteen years who is convicted of a
violation of this section shall be guilty of a misdemeanor
punishable pursuant to Article 1-8.A of the City Code,and shall be
subject to a mandatory fine of $50.00.The fine may not be waived
or suspended.Each violation of this section shall constitute a
separate offense.The court may additionally require such persons
to perform community service and/or successfully complete
counselling or other educational programs as a condition of
sentence.
SECTION I I REPEALING OF CONFLICTING ORDINANCES
All ordinances and parts of ordinances and/or provisions of the Apache Junction
City Code which are in conflict with the provisions of this ordinance are hereby
repealed.
SECTION III PROVIDING FOR SEVERABILITY
I f any section,sub -section,sentence,phrase,clause or portion of this
ordinance or any part of the Code adopted herein by reference is for any reason
held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction,such decision shall not affect the validity of the remaining
portion thereof.
SECTION IV EMERGENCY CLAUSE
WHEREAS,i t being necessary for the peace,health,and safety of the City of
Apache Junction,Arizona,an emergency is declared to exist,and this ordinance
shall be effective immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THIS 6th DAY OF AUGUST ,1996.
SIGNED AND ATTESTED TO THIS 7TH DAY OF AUGUST ,1996.
DOUGLAS
Mayor
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LEMAN
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPRO
GLUIN J.GIMBUT
City Attorney
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