§ 36-117. Curfew for persons under 17 years of age; school attendance.

(a)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Custodian means a parent as defined in article 116 of the Louisiana Children's Code or a person with "legal custody" as defined in article 116 of the Louisiana Children's Code to whom the care or supervision of the minor has been temporarily and lawfully delegated or assigned.

Establishment means any privately-owned place where business is carried on for a profit or any place of amusement or entertainment to which the public is invited.

Minor means any unmarried natural person under 17 years of age who has not been judicially emancipated.

Permit means to knowingly allow or knowingly fail to prevent, or to fail to prevent due to lack of reasonable efforts or concern or due to failure to supervise and control.

Place of abode means the minor's permanent residence, home, or habitation or the place of human habitation where the minor has been lawfully directed or allowed by the minor's custodian to stay for the evening.

Public place means any public street, road, highway, avenue, alley, park, playground, wharf, dock, public building, vacant lot, or other public place.

Reasonable errand means:

(1)

When a minor is present in a public place or establishment pursuant to the direction of the minor's custodian, in order to accomplish an emergency mission or a legitimate family function in a normal and customary fashion considering the time of day.

(2)

When a minor is in transit, to or from a point less than 300 feet from the minor's place of abode, under the direction of the minor's custodian.

(3)

When a minor remains in a public place or establishment pursuant to the direction of the minor's custodian, for purpose of the minor's employment in compliance with the state child labor laws.

(4)

When a minor attends or is in transit to or from an associational activity such as a religious or school meeting, organized dance, theater, or a sporting or organized competition or similar recreational event, when reasonable and direct travel to and from the activity has to be made during the curfew period; provided the minor, in transit from such an activity, is proceeding directly to his place of abode.

Remain means to unnecessarily tarry, stay, loiter, idle, wander, stroll, or play.

(b)

Offenses by minors.

(1)

Unless accompanied by his custodian, it shall be unlawful for any minor, whether on foot or in or on a vehicle, to remain in any public place or establishment between the hours of 9:00 a.m. and 2:30 p.m. any day during which the minor is required to be in school. This restriction shall not apply to a minor who has authorization from a school authority excusing the minor from attendance at that particular time.

(2)

It shall be unlawful for a minor unreasonably to refuse to give his correct and complete name and address, the school the minor attends, and how the minor's custodian can be contacted, when reasonably requested to do so by a police officer or other authorized peace officer pursuant to this section.

(c)

Custodian offenses. It shall be unlawful for any custodian:

(1)

To permit a minor to violate subsection (b)(1) of this section.

(2)

Unreasonably to permit a minor to remain in police custody for more than 24 hours after the minor has been detained or more than six hours after the custodian has been notified of the detention without communicating with the authority detaining or holding the minor about the possibility of the minor's release.

(d)

Juvenile warning citation. If a police officer or other authorized peace officer or person reasonably believes that a minor is violating this section, the officer or other authorized person shall complete a juvenile warning citation and take the minor to the appropriate authority of the juvenile division of the parish sheriff's department.

(e)

Penalties.

(1)

A custodian who violates this section, upon conviction, shall be fined not more than $500.00.

(2)

The court may suspend the sentence for a first violation of this section and as a condition of such suspension, order or require the performance of up to 60 hours of community service by the custodian.

(3)

As part of or in lieu of any other penalty that may be imposed under this section, a custodian may be required by the court to obtain counseling or attend a class or program to improve parenting and child raising skills.

(4)

If a custodian is convicted of a third or subsequent violation of this section, the record of the prosecution shall be transmitted to the district attorney for possible action under the Louisiana Children's Code.

(Code 2004, § 22.31; Ord. No. 1, 8-14-1997)