§ 14.70.060. Minors: Curfew.

A.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Curfew hours means:

1.

September through May:

a.

11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 5:00 a.m. of the following day; and

b.

1:00 a.m. on any Saturday and Sunday until 5:00 a.m. of the same day.

c.

9:00 a.m. until 2:00 p.m. on any day that the Anchorage School District is in session and schools are operating.

2.

June through August: 1:00 a.m. on any day until 5:00 a.m. of the same day.

Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

Establishment means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

Guardian means:

1.

A person who, under court order, is the guardian of the minor; or

2.

A public or private agency with whom a minor has been placed by a court.

Knowingly means, with respect to conduct or to a circumstance described by a provision of law defining an offense, that a person is aware that the person's conduct is of that nature or that the circumstance exists; when knowledge of the existence of a particular fact is an element of an offense, that knowledge is established if a person is aware of a substantial probability of its existence, unless the person actually believes it does not exist.

Minor means any person under the age of 17 years.

Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

Parent means a person who is:

1.

A natural parent, adoptive parent, or step-parent of another person; or

2.

At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

Public place means any place to which the public or a substantial group of the public has access, and includes but is not limited to streets, highways, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

Remain means to:

1.

Linger or stay; or

2.

Fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

B.

Offenses.

1.

A minor commits an offense if the minor, without the consent of the minor's parent or guardian, remains in any public place or on the premises of any establishment within the municipality during curfew hours.

2.

The owner, operator, or any employee of an establishment commits an offense if the owner, operator or employee knowingly allows a minor to remain upon the premises of the establishment during curfew hours without the consent of the minor's parent or guardian.

C.

Defenses.

1.

It is a defense to prosecution under subsections B.1. and B.2. of this section if the minor was:

a.

Accompanied by the minor's parent or guardian;

b.

Involved in an emergency;

c.

Engaged in an employment activity, or going to or returning from an employment activity, without detour or stop;

d.

On the public right-of-way immediately abutting the minor's residence or immediately abutting the residence of a next-door neighbor, if the neighbor did not complain to the police department about the minor's presence;

e.

Attending, or going to or from any lawful activity with the consent of the minor's parent or guardian;

f.

Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly;

g.

Married or had disabilities of minority removed in accordance with AS 9.55.590;

h.

Engaged in a school function or school-related activity, or is on a scheduled school lunch break, if the minor is enrolled as a student in the Anchorage School District; or

i.

Not enrolled as a student in the Anchorage School District.

2.

It is an exception to prosecution under subsection B.2. of this section that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

D.

Violation of this section shall be punishable by a civil penalty in accordance with chapter 14.60.

(GAAB 18.05.070; AO No. 89-52; AO No. 95-195(S-1), § 1, 1-1-96; AO No. 98-59(S), § 1, 5-19-98; AO No. 2001-74(S), § 1, 4-17-01; AO No. 2003-73, § 3, 4-22-03; AO No. 2014-42, § 32, 6-21-14)