City of Gordon, Nebraska

The official government website for The City of Gordon, Nebraska

Juvenile Curfew Ordinance

See Gordon Revised Ordinances - Chapter 2     http://www.gordon-ne.us/egov/documents/1522703610_37015.pdf


ARTICLE II - CURFEW
SECTION 2-201: HOURS
Juvenile curfew hours shall be for the period from 11:00 p.m. to 5:00 a.m. ▫ (Am. Ord.
No. 1158, 5/12/16)
SECTION 2-202: JUVENILE DEFINED
For the purposes of this article, a juvenile shall be considered any person 17 years of
age or under. ▫ (Am. Ord. No. 1158, 5/12/16)
SECTION 2-203: PROHIBITED ACTIVITIES
It shall be unlawful for any juvenile during curfew hours: ▫
1. To loiter, idle, wander, stroll, or play in or upon the public streets, highways,
roads, alleys, parks, public places, public buildings, public places of amusement and
entertainment, vacant lots or other unsupervised places. ▫
2. To ride in or upon, drive, or otherwise operate, any automobile, bicycle or
other vehicle, in, upon, over, or through the streets, alleys, or other public places of
the City during curfew hours. ▫
(Am. Ord. No. 1158, 5/12/16)
SECTION 2-204: FAILURE TO SUPERVISE
It shall be unlawful for the parent, guardian, or other adult person having the care and
custody of a juvenile to allow or permit such juvenile to do or engage in any of the
activities or acts prohibited by this ordinance during curfew hours. ▫
SECTION 2-205: BUSINESS ESTABLISHMENT OBLIGATIONS
It shall be unlawful for any person, firm or corporation operating a place of business
or amusement to allow or permit any juvenile to be in or upon any place of business
or amusement operated by them within the curfew hours except as permitted in subsection
2-208 herein provided. ▫ (Am. Ord. No. 1158, 5/12/16)
SECTION 2-206: ARREST/DETENTION PROCEDURES
Any juvenile engaged in any prohibited activity during curfew hours may be taken into
custody by any law enforcement officer. The officer shall first make reasonable attempts
to contact the parent, guardian or legal custodian of such juvenile and permit
such parent, guardian or legal custodian to receive custody of the juvenile from the
officer. If a parent, guardian or legal custodian of the juvenile cannot be located by
such officer after making reasonable attempts to locate such person, or if the parent,
guardian or legal custodian shall refuse to accept the custody and responsibility for
such juvenile, or if such parent, guardian or legal custodian shall inform the officer
that the juvenile cannot be controlled by the parent, guardian or legal custodian, then
the juvenile shall remain in the custody of the officer to be processed, cited and/or
charged or confined, all pursuant to Nebraska juvenile court law and the procedure
thereunder. ▫
SECTION 2-207: PENALTY
Any person who shall violate the provisions of this ordinance shall be guilty of a misdemeanor
and upon conviction thereof shall be subject to the penalty as provided in
Section 2-801. In addition thereto, any juvenile violating the provisions of this section
may also be subject to the provisions of the juvenile court law of the State of Nebraska
and the procedures thereunder. ▫
SECTION 2-208: EXCEPTIONS
It is a defense to prosecution under subsection 2-203 that the minor was: ▫
1. Accompanied by a parent, guardian, or other adult person having the legal
care, custody, or control of such minor; ▫
2. On an errand at the direction of the minor’s parent, guardian, or other adult
person having the legal care, custody, or control of such minor and was using a direct
route; ▫
3. In a motor vehicle involved in interstate travel; ▫
4. Engaged in an employment activity, including but not limited to newspaper
delivery, and was using a direct route; ▫
5. Involved in an emergency; ▫
6. On the sidewalk abutting the minor’s residence; ▫
7. Attending an official school or religious activity or returning home by a direct
route from an official school or religious activity; ▫
8. Exercising first amendment rights protected by the United States Constitution,
such as the free exercise of religion, freedom of speech, and the right of assembly;
or ▫
9. Married, had been married, or had the disabilities of a minority removed in
accordance with the laws of the State of Nebraska. ▫ (Ref. Neb. Rev. Stat. §17-505) (Am. Ord. No. 1158, 5/12/16)

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