header

-

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

  

Z:\TX.34\13000\134950001.D36 Ordinance Establishing Curfew for Children.wpd

 


TWG
===========================================================

Mission Statement:
** To keep the taxpayers of Jasper County, Georgia informed as to where and how their tax dollars are being spent.
** To keep the taxpayers abreast of local policies and laws being discussed and enacted.
** We advocate more open government, less government spending, and lower property taxes.

© 2007 Taxdogs.com. All right reserved.
Privacy Policy / Terms of Service