South Dakota

TITLE XV

OFFENSES AND MISDEMEANORS

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Chapter 15.05     City Curfews

15.0501     Curfew for Minors

a)    Minors under 16 years old. It shall be unlawful for any minor under 16 years of age to be or remain in or upon the public streets, alleys, parks, playgrounds, public places, public buildings, public places of amusement and entertainment, vacant lots, or other unsupervised public places within the City of Scotland on Sunday through Thursday between the hours of 10:00pm and 6:00am of the following day, and on Friday and Saturday between the hours of 11:00pm and 6:00am on the following day.

b)    Minors between 16 and 17 years old. It shall be unlawful for any minor between 16 years and under 18 years of age to be or remain in or upon the public streets, alleys, parks, playgrounds, public places, public buildings, public places of amusement and entertainment, vacant lots, or other unsupervised public places within the City of Scotland on Sunday through Thursday between the hours of 11:00pm and 6:00am of the following day, and on Friday and Saturday between the hours of 11:30pm and 6:00am on the following day.

15.0502  

It shall be unlawful for the parent, guardian or other person having custody or control of any child to allow such child to violate the provisions of (a) or (b) of this ordinance.

15.0503

It shall be unlawful for the owner, operator, or any employee of an establishment to knowingly allow a minor to remain upon the premises in violation of the provision of (a) or (b) of this ordinance. It shall be unlawful for the operator of a motor vehicle to allow a minor to be in such vehicle in violation of the provision of (a) or (b) of this ordinance.

15.0504     Reasonable Defenses

It is a defense to prosecution under subsections (a) and (b) of this ordinance that the minor was:

1)    Accompanied by his or her parent;

2)    On an errand at the direction of the minor’s parent or guardian or an adult designated by the minor’s parent or guardian, without any detour or stop;

3)    In a motor vehicle involved in interstate travel;

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

6)    Attending 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 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;

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

8)    Married or had been married or had disabilities of minority removed in accordance with law.

15.0505     Detention of Minor; Release

It shall be the right of any authorized officer or person to arrest and detain any minor violating the curfew and to keep the minor detained until the parent, guardian or custodian is notified, when the minor may be released upon the giving of a promise by the minor and his parent or guardian that such minor together with his/her parents, guardian or custodian will appear at a stated time before the proper authority to answer to the charges.

15.0506     Excessive Noise in City Park

a)    Between the hours of 11:00pm and 5:00am it shall be unlawful for any person in any park or public area maintained by the City of Scotland to make, assist in making, continue or allow or cause to be made or continued any loud or excessive noise. This provision shall not apply to any employees of the City while acting in the course of employment with the City. This provision shall not apply to any organized football or baseball games, rodeos, trap shoots, dances or receptions occurring within any park or public areas maintained by the City.

b)    Definition. For the purpose of this section “loud or excessive noise” is any disturbing, excessive or offensive noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitiveness.

c)    Conditions determining loud or excessive noise. The characteristics and conditions which should be considered in determining whether a violation of the provisions of this section exist should include, but not limited to, the following:

          1)    The level of the noise;

          2)    Whether the nature of the noise is usual or unusual;

          3)    Whether the origin of the noise is natural or unnatural;

          4)    The level of the ambient noise;

          5)    The proximity of the noise to sleeping facilities;

          6)    The nature and zone of the area from which the noise emanates and area where it is received;

          7)    The time of the day or night the noise occurs;

          8)    The duration of the noise; and

          9)    Whether the noise is recurrent, intermittent or constant.

15.0507     Penalty

Any person violating any provision of this ordinance, shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed five hundred dollars ($500). Each violation of the provisions of this ordinance shall constitute a separate offense.