HomeMy WebLinkAboutORD981ORDINANCE NO.981
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY
AMENDING CHAPTER 10 OFFENSES,ARTICLE 10-1 OFFENSES -GENERAL,SECTION
10-1-11 CURFEW,SUBSECTIONS A,B,C AND E AND SECTION 10-1-29
TRUANCY,SUBSECTIONS A,D,E AND F;REPEALING ANY CONFLICTING
PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THAT:
SECTION I IN GENERAL
That Chapter 10 Offenses,Article 10-1 Offenses -General,Section 10-1-11 Curfew,
Subsections A.,B.C.and E.of the Apache Junction City Code be amended to read
as follows:
Section 10-1-11 Curfew
A.It 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 p.m.and 5:30 a.m.on
Sunday,Monday,Tuesday,Wednesday and Thursday,and between the hours of
12:00 a.m.and 5:30 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 any other legal activity whether i t be conducted on
private,commercial or public property.
B.It 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 p.m.and 5:30 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 any other legal activity whether i t be conducted on
private,commercial or public property.
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 any other legal activity
ORDINANCE NO.981
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whether it be conducted on private,commercial or public property.
E.All parent(s),guardian(s)or other person(s)above the age of eighteen
(18) years having legal custody of an minor child have an affirmative duty
to prevent the minor child from remaining upon,going to 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 cutsody 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 any other legal activity whether i t be conducted on
private,commercial or public property.
That Section 10-1-29 Truancy,Subsections A,D,E and F be amended to read as
follows:
Section 10-1-29 Truancy
A."Truancy"means the unexcused absence of any child of age six to sixteen
from any school.The occurrence of five (5)unexcused absences of any
child age six to sixteen during a semester or a cumulative of seven (7) or
more unexcused absences during the school year shall raise a presumption
that the child was truant and in violation of this section.
D.I t is unlawful for any person under the age of sixteen (16)years to fail
to attend school during regularly scheduled school sessions 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.D.1-8 or as hereafter may be amended.
E.A person is excused from the duty imposed by subsection A.if any of the
requirements of A.R.S.§15-802.D.1-8 or as hereafter may be amended 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 a
parent and/or guardian and/or another person having legal custody of a
minor child who is in violation of this section or Title 15,Chapter 8,
Article 1,Section 15-802,Arizona Revised Statutes,by having five (5)
unexcused absences during a semester or a cumulative of seven (7)or more
unexcused absences during the 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 of each school district within the city of the school
district under this subsection.
SECTION I I REPEALING ANY CONFLICTING PROVISIONS
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All ordinances and parts of ordinances in conflict with the provisions of this
ordinance or any part of the code adopted herein by reference are hereby
repealed.
SECTION III PROVIDING FOR SEVERABILITY
I f any section,subsection,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
portions 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 passage and adoption.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 17TH DAY OF JUNE ,1997.
SIGNED AND ATTESTED TO THIS 17TH DAY OF JUNE ,1997.
ATTEST:
KATHLEEN CO
City Clerk
APPROVED AS TO FORM:
Acting City Attorney
ORDINANCE NO.981
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