9.14.290 Curfew.
(1) Definitions. “Care and custody” means the legal authority of a parent or guardian to supervise or otherwise be responsible for a minor, or the express authority given from such parent or legal guardian of a minor to a responsible adult to supervise or otherwise be responsible for the activities and care of the minor.
“Emergency errand” means any errand or travel undertaken to directly and immediately seek to prevent or reduce the consequences of an illness or injury, criminal or potential criminal activity, or fire or other accident and shall include the seeking of aid and assistance from medical or emergency response personnel or the purchase of medications.
“Minor” means any unmarried, unemancipated person who is not a member of the armed forces of the United States and who is under the age of sixteen (16) years for the purposes of Subsection (2) of this Section or who is under the age of eighteen (18) years for the purpose of Subsection (3) of this Section.
“Public places” means any place open to the public whether privately owned, including but not limited to, parking lots and the interiors and exteriors of commercial establishments such as restaurants, stores or places of entertainment.
(2) Fifteen-year-old curfew. It shall be unlawful for any minor fifteen (15) years of age or younger to remain or loiter upon any of the sidewalks, streets, alleys or public ways in Provo City between the hours of 11:00 p.m. and 5:00 a.m. the following morning.
(3) Sixteen and seventeen-year-old curfew. It shall be unlawful for any minor sixteen (16) or seventeen (17) years of age to remain or loiter upon any of the sidewalks, streets, alleys or public places in Provo City, between the hours of 11:00 p.m. and 5:00 a.m. of the succeeding morning, Sunday through Thursday, and between 1:00 a.m. and 5:00 a.m. Saturday and Sunday.
(4) Parental liability. It shall be unlawful for any parent, guardian or other person having care and custody of any minor to knowingly allow or permit the minor to violate the provisions of this Chapter.
(5) Exceptions. The provision of this Chapter shall not apply to any circumstances in which the minor is:
(a) Accompanied by a parent, guardian, or other responsible adult having care and custody of such minor;
(b) Engaged in a legitimate trade, employment or occupation which requires the minor’s presence in or on the sidewalks, streets, alleys or public places while working at or traveling to or from such employment;
(c) Engaged on an emergency errand directed by the minor’s parent, guardian or other responsible person having care and custody;
(d) In a motor vehicle engaged in normal interstate travel beginning in, traveling through, or ending in Provo City;
(e) Attending or engaged in traveling between the minor’s home or place of residence and a place where any religious, municipal, social, entertainment, sporting, political, library, or school function is occurring; or
(f) Within the boundaries of the minor’s place of residence.
(6) Enforcement.
(a) Any minor who is in violation of the provisions of this Chapter is subject to arrest and citation.
(b) Upon arrest, the minor shall be returned to the custody of the parent, guardian or other person charged with the care and custody of the minor.
(c) It shall be unlawful for any parent, guardian or other person charged with the care and custody of a minor, who is in violation of this Chapter, to knowingly refuse to appear and take custody of said minor after being ordered to do so by a peace officer.
(d) Any person who violated the provisions of this Chapter is guilty of a class B misdemeanor.
(7) Prima facie evidence. Except as provided for in Subsection (5)(a) of this Section, any remaining or loitering upon any of the sidewalks, streets, alleys or public ways in Provo City by a minor in excess of the times prescribed for said minor in Subsection (3) or (4) of this Section is prima facie evidence that said remaining or loitering is unlawful.
(8) Severability. If any section, subsection, sentence or word of this Chapter is held, by a court of competent jurisdiction, to be invalid, the remaining unaffected portions shall remain in full legal force and effect.