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This Ordinance is included herein for informational purposes only and not considered an official public record of the Town of Deer Trail.  This Ordinance may be modified or repealed at any time.  Please contact the Town Clerk at 303/769-4464 to obtain an official/certified copy of any Ordinance of the Town of Deer Trail.

 

ORDINANCE NO. 215

AN ORDINANCE ESTABLISHING A CURFEW FOR MINORS

WHEREAS, pursuant to C.R.S. § 31-15-401, the Board of Trustees of the Town of Deer Trail is authorized and empowered to regulate matters involving the general police powers of the Town; and

WHEREAS, the Board of Trustees desires, for the purpose of promoting the health, safety, morals and general welfare of the Town, to implement the curfew regulations as stated herein.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF DEER TRAIL, COLORADO:

Section 1. CURFEW VIOLATIONS BY MINORS. It is unlawful, and a strict liability offense, for any juvenile who has not reached his or her eighteenth birthday, to be or remain upon any street or alley, or to be or remain in any establishment open to the public, within the corporate limits of the Town of Deer Trail after the hour of 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, or after the hour of 12:00 midnight on any Friday, Saturday, or any day which immediately precedes an official State holiday, or before the hour of 5:00 a.m. on any day, except when such juvenile is:

Accompanied by a parent, guardian, or adult person who had reached his or her twenty-first birthday, who has the legal care or custody of such juvenile; or

Accompanied by a person who has reached his or her eighteenth birthday, when such person has in his or her possession at the time of contact by a peace officer a prior written care or custody consent from the juvenile’s parent, guardian, or other person having legal care or custody of such juvenile.

Section 2. AFFIRMATIVE DEFENSES. The following affirmative defenses may be raised by the defendant by the presentation of some credible evidence supporting the defense claimed. The guilt of the defendant must be established beyond a reasonable doubt as to the defense raised as well as to all other elements of the offense. At the time of violation, the juvenile was:

  

Legally emancipated; or

Engaged in an activity necessary to lawful employment, or traveling directly to or from the juvenile’s home for a lawful employment purpose; or

Traveling directly to or from the juvenile’s home for a school activity purpose, when such activity was authorized by school officials, and when the juvenile had the consent to attend such activity from a parent or guardian who had the legal care or custody of such juvenile; or

Engaged in an activity necessary to assist in an emergency involving a person’s illness, injury, or death, or engaged in an activity necessary to prevent damage to property, when such property has a value of more than one hundred dollars ($100.00); or

Traveling directly to or from the juvenile’s home for a religious activity purpose, when the juvenile had the consent to attend such activity from a parent or guardian who had the legal care or custody of such juvenile; or

Traveling in a motor vehicle throughout the Town of Deer Trail while engaged in lawful intrastate or interstate travel, with the consent of a parent or guardian who had the legal care or custody of such juvenile; or

Prevented from complying with this ordinance by circumstances beyond the control of such juvenile.

Section 3. Any person who violates this ordinance commits a class 2 petty offense and upon conviction thereof shall be punished by a fine of not more than three hundred dollars ($300.00) for each separate violation. The penalty assessment procedure provided in Section 16-2-201, C.R.S. may be followed by any arresting officer for any such violation.

Section 4. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

Section 5. The repeal or modification of any provision of any prior ordinance by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.

INTRODUCED, READ, ADOPTED, AND ORDERED PUBLISHED AND POSTED IN FULL this ninth day of December, 2003.

TOWN OF DEER TRAIL, COLORADO

_________________________

Beryl H. Rector, Mayor

Attest:

________________________

Patti K. Owens, Town Clerk