2009-01-26 Regular Council Meeting Agenda

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3. In a motor vehicle, train, or bus involved in interstate travel through, or beginning or terminating in the City; 4. Engaged in an employment activity or going to, or returning home from, an employment activity, without any detour or stop; 5. Involved in an emergency; 6. On the sidewalk that directly abuts the minor's residence; 7. In attendance at an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civic organization, or another similar entity that takes responsibility for the minor, 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, a civic organization, or another similar entity that takes responsibility for the minor; or 8. Exercising First Amendment rights protected by the United States Constitution, including free exercise of religion, freedom of speech, and the right of assembly. In a prosecution under subsection C(3) of this section it is a defense that the owner, operator, or employee of the establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave. E. Enforcement. 1. Before taking enforcement action under this section a police officer shall make an investigation for the purpose of determining whether the presence of the minor in a public place or on the premises of an establishment is in violation of this section, including, but not limited to, asking the minor his or her age and reason for being in the public place or on the premises of an establishment. The police officer shall not take enforcement action unless the officer reasonably believes that a curfew violation has occurred and that, based on any response and other circumstances, there is no defense under subsection D of this section. 2. If a police officer determines that a minor is committing a curfew violation, the police officer shall take the minor to the Police Department station or other area authorized by law. As soon as practicable, the minor shall be released into the custody of the minor's parent or guardian. If no one claims responsibility for the minor, the minor shall be placed in the custody of the appropriate St. Louis County Family Court official, or other authorized person, and released at the end of the applicable curfew hours. Section 2. This ordinance shall not be construed so as to relieve any person, firm or corporation from any penalty heretofore incurred by the violation of Chapter 9.20, Sections 9.20.020 or 9.20.030, nor bar the prosecution of any such violation. Section 3. Any person, firm or corporation violating any of the provisions of this ordinance shall upon conviction thereof, be subject to the penalty provided in Chapter 1.12, Section 1.12.010 of the University City Municipal Code.