§ 15-9. Restrictions upon minors; exceptions; penalties.

This section shall be known and may be cited as the Lake Wales Youth Protection Ordinance.

The City Commission of the City of Lake Wales does hereby find that it is the best interest of the public health, safety and general welfare of the citizens of Lake Wales to impose reasonable time and place restrictions upon minors in an effort to reduce juvenile crime and victimization without unduly limiting the freedoms and rights secured by the United States and Florida Constitutions.

Whenever in this section the following terms are used, they shall have the meanings ascribed as follows:

(a) Business operator: Any association, corporation, partnership or person conducting, managing or operating any business. The term includes, but is not limited to, the members of an association, the partners in a partnership and the officers of a corporation.

(b) Direct route: The shortest reasonable path of travel to reach a final destination without delay or detour along the way.

(c) Emergency: An unforeseen combination of circumstances which results in a situation that requires immediate attention to care for or prevent death, great bodily harm or significant property loss. The term includes, but is not limited to, fire, natural disaster or vehicle crashes.

(d) Establishment: A privately owned place of business to which the public is invited, including, but not limited to, a place of amusement or a place of entertainment.

(e) Guardian: An agency or person appointed by a court to act in the role of a parent.

(f) Law enforcement officer: A certified law enforcement officer of the city, county, or state or a federal law enforcement officer.

(g) Minor: Any person seventeen (17) years of age or under whose disabilities of non-age have not been removed by marriage or a court of competent jurisdiction.

(h) Parent: The natural or adoptive parent of a minor.

(i) Public space: Any property owned by or controlled by the city, the county, the state or any other governmental entity, to which the general public has access and a right to resort for amusement, business, entertainment, recreation or other lawful purpose, including streets and highways.

(j) Remain: To fail to leave a premises when requested to do so by a law enforcement officer or the owner or operator of a business.

(k) Semi-public place: Any privately owned or privately operated real property, including any structure thereon, to which the general public is invited or has a legal right of access and right to resort for amusement, business, entertainment, recreation or other lawful purpose, including, but not limited to, any alley, bowling alley, parking lot, pool hall, restaurant, road, shop, shopping center, store, tavern or theater. Semipublic place shall also mean any vacant lot or any vacant or abandoned building.

It shall be unlawful for any minor to congregate, linger, loiter, move about, remain, stay, stroll or wander in any public or semi-public place in the city, either on foot or in or upon any vehicle, between the hours of 12:00 a.m. and 6:00 a.m.

It shall be unlawful for any minor who has been suspended or expelled from school to congregate, linger, loiter, move about, remain, stay, stroll or wander in any public or semi-public place in the city, either on foot or in or upon any vehicle, between 8:00 a.m. and 3:00 p.m. on school days.

This section does not apply to a minor who is:

(a) Accompanied by a guardian, parent or other person at least twenty-one (21) years of age having care and control of the minor;

(b) Attending or traveling directly to or from a school sponsored function, a religious function or a function sponsored by a civic organization;

(c) Attending or traveling directly to or from an activity involving the exercise of First Amendment rights protected by the United States Constitution such as the freedom of religion, the freedom of speech and the right of assembly;

(d) Attending or traveling directly to or from an activity or special event when the city commission authorizes minors to be in a public place or establishment during restricted hours;

(e) Emancipated by a court of competent jurisdiction, married or has been married;

(f) Engaged in interstate or intrastate travel with the consent of a guardian or parent;

(g) Involved in an emergency or performing an emergency errand with the consent of a guardian or parent;

(h) Congregating, lingering, loitering, moving about, remaining, staying, strolling or wandering at their permanent or temporary residence;

(i) Traveling directly to or from a location of employment or in an establishment or public place in the course and scope of their employment.

It shall be unlawful for a guardian, parent or other person at least twenty-one (21) years of age having the care and control of a minor to permit or by insufficient control to allow such minor to congregate, linger, loiter, move about, remain, stay, stroll or wander in any public or semi-public place during restricted hours, unless specifically allowed by this section. It shall constitute a defense:

(a) If the parent, guardian or other person did not know the minor was in a public or semi-public place during restricted hours;

(b) If the parent, guardian or other person notified a law enforcement agency the minor was missing or remained away from their residence during restricted hours.

It shall be unlawful for the owner or operator of any establishment to knowingly permit a minor to congregate, linger, loiter, move about, remain, stay, stroll or wander upon the establishment during restricted hours, unless specifically allowed by this section. It shall constitute a defense:

(a) If the owner or operator notified a law enforcement agency that the minor was present at the business during restricted hours and the minor refused to leave the business after being requested to do so.

Every establishment shall display at each point of entry the following notice written in English and Spanish:

IN ACCORDANCE WITH SECTION 15-9, CITY OF LAKE WALES CODE OF ORDINANCES, IT IS UNLAWFUL FOR ANY PERSON UNDER 18 YEARS OF AGE TO REMAIN ON THESE PREMISES BETWEEN THE HOURS OF 12:00 A.M. AND 6:00 A.M., UNLESS SPECIFICALLY ALLOWED BY LAW

Upon finding a suspected minor in violation of this section, a law enforcement officer shall, if practical:

(a) Obtain the name, age and address of the person;

(b) Make a reasonable effort to verify the name, age and address of the person by contacting a guardian, parent or otherwise;

(c) If the person is a minor, ascertain the reason for being in the public or semipublic place during restricted hours.

A law enforcement officer is authorized to issue a citation to a minor when, based upon personal investigation, the officer has reasonable cause to believe that the minor has committed a civil infraction in violation of this section. The minor shall pay within thirty (30) days from the date a citation was issued a civil penalty of fifty dollars ($50.00) to the police department in full satisfaction of the violation. If the minor chooses to contest the citation, he or she must contact the clerk of the county court within the thirty (30) days and request a court hearing.

A minor who violates this section may be taken into protective custody and transported to the police department where he or she will be released to a guardian, parent or other person at least twenty-one (21) years of age having the care and control of a minor. If a guardian, parent or other person can not be located, the minor will transported to the Juvenile Assessment Center.

A law enforcement officer is authorized to issue a citation to a guardian, parent or other person at least twenty-one (21) years of age having the care and control of a minor when, based upon personal investigation, the officer has reasonable cause to believe that the guardian, parent or other person has committed a civil infraction in violation of this section. The guardian, parent or other person shall pay within thirty (30) days from the date a citation was issued a civil penalty of fifty dollars ($50.00) to the police department in full satisfaction of the violation. If the guardian, parent or other person chooses to contest the citation, he or she must contact the clerk of the county court within the thirty (30) days and request a court hearing.

A law enforcement officer is authorized to issue a citation to an owner or operator of an establishment when, based upon personal investigation, the officer has reasonable cause to believe that owner or operator has committed a civil infraction in violation of this section. The owner or operator shall pay within thirty (30) days from the date a citation was issued a civil penalty of fifty dollars ($50.00) to the police department in full satisfaction of the violation. If the owner or operator chooses to contest the citation, he or she must contact the clerk of the county court within the thirty (30) days and request a court hearing.

The provisions of F.S. §§ 877.20—877.24, are incorporated into this section by this reference. The provisions of F.S. §§ 877.20—877.24, do not preclude enforcement of provisions in this section which are more stringent or less stringent than those provided.

(Ord. No. 2007-27, § 1, 8-7-07)