Number
070750
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. ZIELINSKI AND HINES
Title
A substitute ordinance relating to curfew hours and the responsibility of operators of businesses.
Sections
106-23-0 am
106-23-3 am
106-23-5 am
Analysis
Current code provisions define potential places of loitering and prohibits operators of businesses providing amusement and entertainment from allowing the presence of persons under the age of 17 during the specified curfew hours. This ordinance adds to these designated places of loitering places serving refreshments and other places of business, and likewise prohibits those operators from allowing the presence of persons under the age of 17 during curfew hours. Personal observation by a police officer of a person under the age of 17 years in such places during the hours prohibited under this section is not required for proof of a violation provided this element is established by other sufficient evidence. It is a defense to prosecution under this section if the owner, operator or employee of the establishment, immediately upon discovery of a minor believed to be in violation of curfew, notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave the establishment after being advised to do so by the owner, operator or employe. The penalty is also increased from $100 to $200 to a penalty of $200 to $400.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 106-23-0 of the code is amended to read:
106-23. [[Loitering of]] >>Curfew Hours for<< Minors [[(Curfew Hours)]].
It shall be unlawful for any person under the age of 17 years to congregate, loiter, wander, stroll, stand or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement [[and]] >>,<< entertainment >>refreshment, or other place of business,<< places of employment, vacant lots or any public places in the city either on foot or in or upon any conveyance being driven or parked thereon, between the hours of 10 p.m. and 5 a.m. of the following day, official city time, Sunday through Thursday and between 11 p.m. and 5 a.m. Friday and Saturday, from September 1 through May 31; and between 11 p.m. and 5 a.m. from June 1 through August 31.
Part 2. Section 106-23-3 of the code is amended to read:
3. RESPONSIBILITY OF OPERATORS.
It shall be unlawful for any person, firm or corporation operating places of amusement [[or]] >>,<< entertainment, >>refreshment, or other place of business<< or any agent, servant or employe of any person, firm or corporation to permit any person under the age of 17 years to enter or remain in such places [[of amusement or entertainment]] during the hours prohibited under this section, unless one of the exceptions described in sub. 1 applies. >>Personal observation by a police officer of a person under the age of 17 years in such places during the hours prohibited under this section is not required for proof of a violation of this subsection, provided this element is established by other sufficient evidence. It is a defense to prosecution under this subsection if the owner, operator or employee of the establishment, immediately upon discovery of a minor believed to be in violation of curfew, notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave the establishment after being advised to do so by the owner, operator or employe.<<
Part 3. Section 106-23-5 of the code is amended to read:
5. PENALTY. Any person, firm or corporation violating this section upon conviction shall forfeit not less than [[$100]] >>$200< nor more than [[$200]] >>$400<<, and in default of payment thereof be confined in the county house of correction not more than [[8]] >>16<< days.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
MET
12/10/07
LRB07447-2