April 7, 2008
AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF JASPER
COUNTY, GEORGIA, ESTABLISHING A CURFEW FOR CHILDREN
WHEREAS,
the Board of Commissioners of Jasper County, Georgia
(the “County”), as the
governing authority of the County, deemed it necessary and proper
to create and
establish a curfew for any child within the County limits for the purpose
of
promoting public safety and welfare of the residents of the County;
NOW,
THEREFORE, BE IT ORDAINED by the Board of Commissioners
of Jasper County
that Article ___ of Chapter ____ of the Code of Ordinances of
Jasper County,
Georgia is hereby adopted as follows:
Chapter ___-1. Definitions.
“Child” means any individual who is:
(i)
Under the age of seventeen (17) years;
(ii)
Under the age of twenty-one years, who committed an act
of delinquency
before reaching the age of seventeen (17) years, and who has
been placed
under the supervision of the Court or on probation to the Court;
or,
(iii)
Under the age of eighteen (18) years, if alleged to be
a “status offender”
as defined by
this Ordinance.
“Status offender” means a child who
is charged or adjudicated of an offense which
is not a crime if committed by an
adult. Such offenses are those that can
only be charged
against a child, including, but not limited to, truancy,
running away from home, and
incorrigibility.
Chapter ___ - 2. Curfew.
(a)
It shall be unlawful for any child within the County to
loiter, wander, stroll, play
or be upon any public streets, highways, roads,
lanes, parks, playgrounds, other
public grounds, vacant lots or buildings,
other places generally opened to the
public during customary business hours, or
any place within the County limits
unsupervised by an adult having the lawful authority to be at or upon such
place,
between the hours of 12:00 midnight and 5:00 a.m. each day of the week;
provided however, the provisions of this paragraph shall not apply in the
following
instances:
(i)
When a child is accompanied by a parent, guardian or
other adult having
lawful care and custody of the child;
(ii)
When the child is returning directly home from a
school, church, or lawful
employment activity;
(iii)
When the child is upon an emergency errand at the
direction of a parent,
guardian or other adult having lawful care and custody
of the child;
(iv)
When the child is traveling through the County in
interstate or intrastate
travel; and,
(v)
When the child is present on property directly adjacent
to the property
in which he or she resides.
(b) It shall
be unlawful for any parent, guardian, or other adult having lawful care and
custody of a child to permit or allow by ineffective control, a violation of
this
ordinance.
Chapter ___ - 3. Custody.
Any child who is in violation of the
curfew established by sub-chapter 2, hereof,
shall be taken into custody by an
officer of law. The officer shall
transport the child to
the child’s place of residence and shall release the
child into the custody of a parent or
guardian at such child’s place of
residence. If a parent or guardian is
not available to
assume custody of the child at the child’s place of residence,
the child may be detained,
provided such detainment does not occur in a jail,
and is reasonably necessary pending
an appearance before the Juvenile Court or
an intake officer, for a determination
as to whether detention is
appropriate. In the event the child has
not been brought
before the Juvenile Court or an intake officer has not made a
detention decision, the child
shall be released from custody.
Upon conviction for violation of
this ordinance, the offender shall be fined not more
than $500.00, or sentenced
to imprisonment in the County jail for not more than thirty (30)
days, or both,
in the discretion of the Juvenile Court.
This Ordinance shall take effect
immediately upon its adoption at the time
of its second reading. All acts and doings of the officers of the
County which are in
conformance with the purposes and intents of this Ordinance are hereby
ratified,
approved and confirmed. All
Ordinances or Resolutions or parts thereof in conflict with
the provisions
herein contained are to the extent of such conflict hereby superseded
and
repealed.
FIRST READ: APRIL 7, 2008
Adopted this ________ day of
_____________________, 2008.
Jasper County, Georgia
By:_________________________________
Chairman
(SEAL)
Attest:
______________________________
Clerk
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Ordinance Establishing Curfew for Children.wpd
