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File #: 031508    Version:
Type: Ordinance Status: Passed
File created: 2/16/2004 In control: PUBLIC SAFETY COMMITTEE
On agenda: Final action: 5/25/2004
Effective date: 6/12/2004    
Title: A substitute ordinance relating to exceptions to curfew hours for minors.
Sponsors: THE CHAIR
Indexes: CURFEW, YOUTH
Attachments: 1. City Attorney's Opinion and Draft.PDF, 2. Fiscal Note.pdf, 3. Letter from Judge Gramling, Jr..PDF, 4. Notice Published on June 11, 2004.PDF
Number
031508
Version
SUBSTITUTE 1
Reference

Sponsor
THE CHAIR
Title
A substitute ordinance relating to exceptions to curfew hours for minors.
Sections
106-23 rc
Analysis
This ordinance amends s. 106-23 of the code relating to curfew hours for minors by including exceptions for the exercise of first amendment rights.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 106-23 of the code is repealed and recreated to read:
106-23. Loitering of 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, 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.

1. EXCEPTIONS. This section shall not apply where the actor was accompanied by his or her parent, guardian or other adult person having his or her care, custody or control, or where the actor was exercising first amendment rights protected by the United States constitution or the Wisconsin constitution, including freedom of speech, the free exercise of religion, and the right of assembly. Unless flight by the actor or other circumstances makes it impracticable, a peace officer shall, prior to issuing a citation for an offense under this section, afford the actor an opportunity to explain his or her reasons for being present in the public place. A peace officer shall not issue a citation for an offense under this section unless the officer reasonably believes that an offense has occurred, and that no...

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