Kotzebue Municipal Code

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

Curfew hours means:
1. During the Northwest Arctic Borough School District (K – 12) school year:
a. 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and,
b. 12:01 a.m. on any Saturday, Sunday and Northwest Arctic Borough School District observed student (K – 12) holidays until 6:00 a.m. of the same day. 2. During summer vacation for the Northwest Arctic Borough School District (K – 12): 12:01 a.m. on any day until 6:00 a.m. of the same day.

Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

Establishment means any privately-owned place of business to which the public is invited, including, but not limited to, any place of amusement or entertainment.

Guardian means:
1. A person who, under court order, is the guardian of the minor; or,
2. A public or private agency with whom a minor has been placed by a court.

Knowingly means, with respect to a conduct or to a circumstance described by a provision of law defining an offense, that a person is aware that his or her conduct is of that nature or that the circumstance exists; when knowledge of the existence of a particular fact is an element of an offense, that knowledge is established if a person is aware of a substantial probability of its existence, unless the person actually believes it does not exist.

Minor means any person under the age of 18 years.

Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

Parent means a person who is:
1. A natural parent, adoptive parent, or step-parent of another person; or,
2. At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

Public place means any place to which the public or a substantial group of the public has access, and includes, but is not limited to, streets, highways, trails, sidewalks, bridges, alleys, plazas, parks, beaches, lakes, rivers, waterways, driveways, parking lots and the common areas of schools, hospitals, apartments houses, office buildings, transport facilities, stores and shops.

Remain means to:
1. Linger or stay; or
2. Fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

9.76.020 Offenses.
1. A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the city during curfew hours.
2. A parent or guardian of a minor commits an offense if he or she knowingly permits, or, by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within the city during curfew hours in violation of this section. Indifference as to the activities or whereabouts of the minor shall be prima facie evidence of insufficient control.
3. The owner and/or operator of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

9.76.030 Exceptions.
1. It is an exception to prosecution under section 9.76.020 of this chapter if the minor was:
a. Accompanied by his or her parent or guardian;
b. On an errand at the written direction of his or her parent or guardian without any detour or stop (written direction must be signed, timed, and dated by the parent or guardian and must indicate the specific errand);
c. Involved in an emergency;
d. Engaged in an employment activity, or going to or returning from an employment activity, without detour or stop;
e. On the public right-of-way immediately abutting the minor's residence or immediately abutting the residence of a next-door neighbor, if the neighbor did not complaint to the police department about the minor's presence;
f. Attending, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, Northwest Arctic Borough school district, a civic organization, or another similar entity that takes responsibility for the minor;
g. 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,
h. Married or had disabilities of minority removed in accordance with A.S. 9.55.540.
2. It is an exception to prosecution under section 9.76.020 of this chapter that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

9.76.040 Change of curfew.
The chief of police, with the prior approval of the city manager, may authorize a change of curfew hours for a specific occasion. Notice of any such change of curfew hours shall be posted as required for city council meetings, as set forth in KMC §1.16.010 and shall be broadcast on appropriate media outlets.

9.76.050 Fine.
Any minor and/or the minor’s parent or guardian cited for a curfew violation is guilty of an infraction and is punishable by a fine of:
1. Twenty-five dollars for a first offense;
2. Fifty dollars for a second offense;
3. Seventy-five dollars for a third offense;
4.One hundred dollars for a fourth offense, and each one thereafter.

The owner and/or operator of an establishment who is cited for a curfew violation is guilty of an infraction and is punishable by a fine of:
1. One hundred dollars for a first offense;
2. Two hundred dollars for a second offense;
3. Three hundred dollars for a third offense, and each one thereafter.

9.76.060 Mandatory court appearance.

A minor cited for two curfew violations under this chapter in one calendar year shall appear in court with his/her parent or legal guardian to answer the citation. A duly issued and served citation under this chapter shall be considered a summons for such a mandatory court appearance.

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Posted September, 2004