HomeMy WebLinkAboutORD 7042 CURFEW FOR MINORS
ORDINANCE NO. 7042
AN ORDINANCE TO AMEND THE AUGUSTA-RICHMOND COUNTY CODE
ARTICLE THREE CHAPTER ONE RELATING TO CURFEW FOR MINORS SO AS
TO ESTABLISH REGULATIONS FOR TEEN SOCIAL CLUBS; TO REPEAL ALL
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; TO
PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, Augusta Richmond County citizens have a collective responsibility In the
development and well being of the youth in its community
WHEREAS, The Augusta Richmond County Commission believes it has a duty to reinforce
social norms of order, for the health, and welfare of not only its youth but for all citizens
WHEREAS, Augusta Richmond County Commission deems it necessary to deter juvenile
delinquency and juvenile victimization by reinforcing hours of curfew for minors
WHEREAS, based on the foregoing, the Honorable Jerry Brigham, Commissioner, recommends
additional regulation of teen clubs and or teen dance clubs in Augusta-Richmond County by
ensuring that the time of operation for said teen facilities are in compliance with curfew set for
minors within its jurisdiction.
THE AUGUSTA-RICHMOND COUNTY COMMISSION ordains as follows:
SECTION 1. Augusta Richmond-County Code Article 3 Section as set forth in Ordinance No.
5719, enacted October 4, 1993, is hereby amended by striking sections 3-1-1; 3-1-2, and 3-1-3
relating to teen curfew and inserting in lieu thereof sections 3 -1-1 - 3-1-7 restated as set forth in
"Exhibit A" hereto.
SECTION 2. This ordinance shall become effective upon its adoption in accordance with
applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted thisOday of ~, 2008.
1st Reading April 1, 2008
Seal:
Publish in the Augusta Chronicle April 24, 2008
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission
on
, 2008 and that such Ordinance have not been modified or rescinded
as of the date hereof and the undersigned further certifies that attached hereto is a true
copy ofthe Ordinance which was approved and adopted in the foregoing meeting(s).
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date:
Exhibit A
Chapter 1
CURFEW FOR MINORS
See. 3-1-1. Haurs of eurfew; exeeptians.
k shall be unlawful for any minor Mflder the age of eighteeH (18) years to loiter, 'Nafl.der,
stroll or play in or upon the public streets, highv/ays, roads, alleys, parks, playgroMHds or
other public grounds, public places, public buildings, places of amusement, eating places,
yacaflt lots or any other plaee in .t^..ugusta Riohmond County, unsu pervised by an adult
having the lav.ful ffifthorit), to be at such places, between the hOl:lrs of 11 :00 p.m. on afl.Y
weekday and 5 :00 a.m, on the following day; pro',ided, hmvever, that on Fridays and
Sahlrdays the effcetive hours are betv/een 12:00 midnight aHd 5:00 a.m, on the follo'l.iHg
day; and
.provided further that the provisioRs of this see tion shall Rot apply in the f-ollo'lIiRg
iflstances:
(a) ',\Then a minor is accompanied by his or her parent, guardian or other adult
per son haviRg the la't'lful care and eustody ofthe minor;
(b) When the miRor is Mpon an emergency errand directed by his or her parent or
guardian or other adult person ha'/iRg the lawful care and custody of suoh minor;
(c) 'When the minor is returning direetly home from la'lIful employment that makes it
neoessary to be in the above referenced plaees duriRg the prosoribed period. of time;
(d) WheR the minor is atteRding or traveling directly to or from afl. aetivity involving
the exercise of first amendment rights of free speech, freedom of assembly or free
e){eroise of religion;
(e) When the minor is in a motor ',chicle '.vith parental consent f-or normal tra'/el,
'lIith interstate travel through .t^..Mgusta Rich mond County being e)wepted iR all eases
from the curfew.
See. 3 1 2. Parent, guardian or other persaB haviBg eustod)' ar eaBtral af ehild ta
permit yialatiaB prohibited.
Its hall be unlawful for the parent, guardian, or. other person having custody or control of
any child under the age of eighteen (18) years to permit, or by iRsufficient control, to
allow, sMeh child to be in or upon the publie streets or other places listed in sectioR 3 1 I
above within .t^..ugusta Richmond COMR!)' betiveen the hours of 11 :00 p.m. on any
weekday and 5:00 a.m, the following day, or on Fridays and Saturdays, betiveen the
hours of 12:00 midnight and 5:00 a.m. the follmv ing day except in circumstances set out
in subsec tions (a) through (e) of said section 3 1 1.
See. 3 1 3. YialatioB aBd peBalty.
Ani person found guilty of a ',iolatioR of this chapter shall be charged Y/ith such violation
and upon trial as a misdemeanor and conviction shall be subject to the penalties provided
in sectioa 1 (3 1; provided, hov/ever, that any sMch person under the age of seventeen (17)
years V/flO is oharged with a violation of this article shall be referred to juyenile court for
disposition pursuaflt to O.C.G..t\.~ 15 11 36.
Section 3-1-1
Definitions
For the purposes of this Article. the words and phrases used herein shall
have the following meanings. unless otherwise clearly indicated by
context:
(a) "Teen social club" shall mean any business establishment which
advertises itself. holds itself out to the public as. or is operated
primarily as a "Teen Club". "Teen Dance Club". and/or any
business establishment which provides entertainment or social
activities primarily to teenagers of the ages restricted by the
Curfew Ordinance of the Augusta Richmond County regardless of
whether such establishment is conducted. operated or maintained
for a profit; "teen social club" does not include movie theaters.
amusement parks or a sporting event or facility.
(b) "Advertise" shall mean promotional signs on the premises. off-
premise signs and any written. live. videotaped or audiotaped
promotional presentations for the business establishment which
feature or promote the attendance of teenagers.
( c) "Alcoholic beverages" shall mean beer or other beverages of like
alcoholic content regulated bv Augusta Code & 6-2-1 et. al. and
any establishment selling or serving liquor or wine regulated by
the provisions of Augusta Code &6- 2-1 et.al.
(d) "Curfew For Minors" shall mean Augusta Richmond County
Code. Chapter 1 Sections 3-1-1 through 3-1- 7.
(e) "Entertainment and social activities" shall mean activities at
establishments which feature live music for attendance bv
teenagers. activities at establishments which feature recorded
music activities attended bv teenagers. and activities at
establishments which provide dancing activities for teenagers.
(f) "Licensed premises" shall include the building or facility in which
the teen social club is located and any parking area provided by
the establishment for its patrons.
(g) "Minor" shall mean a nonemancipated person who has not
attained their eighteenth birthday.
Sec. 3-1-2 Hours of curfew: exceptions.
It shall be unlawful for any minor under the age of eighteen (18) years to loiter.
wander. stroll or play in or upon the public streets. highways. roads. alleys. parks.
playgrounds or other public grounds. public places. public buildings. places of
amusement. eating places. vacant lots or any other place in Augusta-Richmond County.
unsupervised by an adult having the lawful authority to be at such places. between the
hours of 11:00 p.m. on any weekday and 5:00 a.m. on the following day: provided.
howeyer. that on Fridays and Saturdays the effective hours are between 12:00 midnight
and 5:00 a.m. on the following day: and .provided further that the provisions of this
section shall not apply in the following instances: .
(a) When a minor is accompanied by his or her parent. guardian or other adult
person haying the lawful care and custody ofthe minor:
(b) When the minor is upon an emergency errand directed by his or her parent
or guardian or other adult person having the lawful care and custody of
such minor:
( c) When the minor is returning directly home from lawful employment that
makes it necessary to be in the above referenced places during the
proscribed period. of time:
(d) When the minor is attending or trayeling directly to or from an activity
inyolving the exercise of first amendment rights of free speech. freedom of
assembly or free exercise of religion:
( e) When the minor is in a motor yehicle with parental consent for normal
trayeL with interstate travel through Augusta-Richmond County being
excepted in all cases from the curfew.
Section 3-1-3 Parent. f!uardian or other person hayinf! custody or control of child to
permit violation prohibited
It shall be unlawful for the parent. guardian. or. other person having custody or
control of any child under the age of eighteen (18) years to permit. or by insufficient
controL to allow. such child to be in or upon the public streets or other places listed in
section 3-1-1 above within Augusta-Richmond County between the hours of 11 :00 p.m.
on any weekday and 5:00 a.m. the following day. or on Fridays and Saturdays. between
the hours of 12:00 midnight and 5:00 a.m. the follow-ing day except in circumstances set
out in subsec-tions (a) through (e) of said section 3-1-2.
That Chapter 1. Article Three of the Augusta Richmond County Code is amended by
adding a new Section 3-1-4- as follows:
Sec. 3-1-4 .Location restrictions.
No part of the licensed premises of a teen social club operating within the
Augusta Richmond County shall be located within five hundred feet (500')
of the nearest property line of any property on which alcoholic beverages
are served or sold or within fiye hundred feet (500') ofthe nearest property
line of any property on which is located an adult oriented establishment as
defined in & 6-1-1 et. al. of this Code.
Sec. 3-1-5. Reyocation of license or oermit.
(a) The Sheriff shall recommend revocation of a license granted to any
teen social club for any of the following reasons:
(1 ) The operator. or any employee of the operator. violates any
provision of this Article. provided. howeyer. that in the case of a first
offense by an operator where the conduct was solely that of an
employee. the penalty shall not exceed a suspension of thirty (30)
days if the Sheriff shall find that the operator had no actual or
constructiye notice of such yiolation and could not. by the exercise of
due diligence. haye had such actual or constructive knowledge.
(2) Any intoxicating liquor. cereal malt beverage. narcotic or
controlled substance is allowed to be sold or consumed on the
licensed premises.
(3) Any operator allows continuing violations of the rules and
regulations ofthe Augusta Richmond County Health Department.
(4) More than fiye violations of the Curfew Ordinance occur on the
licensed premises in a twelye-month period.
(b) Before revoking or suspending the license of any teen social club.
Augusta-Richmond County Commission. the Sheriff or his or her
designee shall give written notice to the person or company in whose
name such license is issued notifying such license holder of the
charges against the teen social club and setting a hearing date not less
than five (5) business days in advance in which the licensee may
appear and be heard. The decision of the Augusta Richmond County
Commission shall be final.
Section 3-1-6 Hours of Operation~ Inspection by Sheriff's Department
or Juvenile Justice Department.
(a) Teen social clubs shall be closed between the hours of half past ten at
night (10:30 p.m.) to seven o'clock (7:00 a.m.) proyided that on
Friday and Saturday nights such clubs may remain open until half
past eleven 01:30 p.m.). and proyided further that on Sunday
mornings such clubs shall be closed until twelve o'clock 02:00) noon
to half past ten 00:30 p.m.).
(b) Teen social clubs shall be open to inspection at all reasonable times
by any officer ofthe Augusta Richmond County Sheriff's Department
or agent of the Richmond County Juvenile Justice Department.
Section 3-1-7
Responsibilities of Operators~ exemptions~
identification of minors.
(a) No teen social club within the Augusta Richmond County shall allow
a teenager under the age of 16 years to enter the licensed premises
during any hours in violation ofthe Curfew Ordinance.
(b) No teen social club within the Augusta Richmond County shall allow
any teenager under the age of 16 years to remain on the licensed
premises during any hours in violation of the Curfew Ordinance.
(c) All teen social clubs shall post in a yisible location at the entrance and
inside the establishment upon signage approyed by the Sheriff's
Department the applicable curfew hours for teenagers as specified by
the Curfew Ordinance.
(d) All operators of teen social clubs shall be personally responsible and
vicariously liable without proof of intent for any violations of the
Curfew Ordinance occurring during any hours of operation during
which teenagers would be prohibited from being present on the
licensed premises under the provisions ofthe Curfew Ordinance.
(e) Each teen social club operator shall be required at all times to identify
by wristband any individuals on the licensed premises under the age
of sixteen (6) years. Photo identification shall be required of all
minors under the age of sixteen (6) years admitted into a teen social
club and an entry log shall be kept of the information contained
within the photo identification. including the name. age and birth date
of all patrons under the age of sixteen (16) years. Such log shall be
proyided to any officer of the Richmond County Sheriff's Department
or agent of the Richmond County Juvenile Justice Department upon
request.
Section 3-1-8 Severability.
If any provision of this Article is held by a court of competent iurisdiction
to be illegal or in conflict with an applicable law. the validity of the
remaining proyisions ofthis Article shall not be affected thereby.