Town of Bridger

Title 9: Public Peace, Morals And Welfare (2013)

Title 9 PUBLIC PEACE, MORALS AND WELFARE

 

Chapters:

9.04 Offenses Against Public Peace and Decency

9.08 Offenses By or Against Minors

 

 

Chapter 9.04 OFFENSES AGAINST PUBLIC PEACE AND DECENCY

 

Sections:

9.04.010 Open container.

9.04.020 Exception.

9.04.030 Violation--Penalty.

 

9.04.010 Open container.

No one shall knowingly or purposely consume or have in his/her possession opened cans, bottles or other containers of beer or other intoxicating liquor while upon the public streets or alleys of the town, or in any public or private premise within the town, or in any public or private premise within the town limits against the will or consent of the owner, occupant or governing body, or while in an automobile or other motor vehicle parked or being operated within the town. (Prior code § 10-3-01)

 

9.04.020 Exception.

For purposes of this chapter, the Bridger Town Firehall and Civic Center shall not be considered a public premise. Further, the town council may, by resolution, provide for an exception to this section under such terms and conditions as it may determine. The town council may do so by event or may grant a blanket exemption to any public facility such as town parks for any period which it deems appropriate. (Ord. 38 § 1 (part), 2001: prior code § 10-3-02)

 

9.04.030 Violation--Penalty.

Unless otherwise provided, a person convicted of violating any part of this chapter shall be subject to the general penalty as provided in this code. (Prior code § 10-3-06)

 

Chapter 9.08 OFFENSES BY OR AGAINST MINORS

 

Sections:

9.08.010 Purpose.

9.08.020 Definitions.

9.08.030 Prohibited minor conduct.

9.08.040 Prohibited parental conduct.

9.08.050 Prohibited conduct of motor vehicle owners.

9.08.060 Prohibited conduct of establishment owners and operators.

9.08.070 Violation--Penalty.

 

9.08.010 Purpose.

A. To promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the town.

B. To promote the safety and well-being of the town’s youngest citizens, persons under the age of seventeen (17), whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug and alcohol activities, and to being victimized by older perpetrators of crime.

C. To foster and strengthen parental responsibility for children. (Ord. 38 § 1 (part), 2001: prior code § 10-4-01)

 

9.08.020 Definitions.

Within this chapter, the words and phrases shall have the meanings ascribed to them as follows:

Curfew Hours.

1. For persons under the age of fifteen (15) years “curfew hours” means the hours of ten p.m. through six a.m. June 1st through September 5th, and nine p.m. through six a.m. the rest of the year;

2. For persons over the age of fifteen (15) years and under the age of eighteen (18) years “curfew hours” means the hours of eleven p.m. to six a.m. Sunday through Thursday and twelve midnight to six a.m. Friday and Saturday.

“Emergency” means an unforeseen circumstance, or the status or condition resulting therefrom, requiring immediate action to safeguard persons or property. The term includes, but is not limited to, fires, natural disasters, automobile accidents and other similar circumstances.

“Establishment” means any privately-owned place of business within the town operated for a profit, to which the public is invited, including, but not limited to, any place of amusement or entertainment. With respect to establishment, the term “operator” means any person, and any firm, association, partnership, and the members or partners thereof, and/or any corporation, and the officers thereof, conducting or managing that establishment.

“Minor” means any person under eighteen (18) years of age who has not been emancipated by court order entered pursuant to MCA §41-3-408 Limited emancipation.

“Officer” means a police or other law enforcement officer charged with the duty of enforcing the laws of the state and/or the ordinances of the town.

“Parent” means:

1. A person who is a minor’s biological or adoptive parent and who has legal custody of a minor, including either parent, if custody is shared under a court order or agreement;

2. A person who is the biological or adoptive parent with whom a minor regularly resides;

3. A person judicially appointed as a legal guardian of the minor; and/or

4. A person eighteen (18) years of age or older standing in loco parentis as indicated by the authorization of an individual listed in subsections 1, 2 or 3 of this definition, for the person to assume the care or physical custody of the child, or as indicated by any other circumstance.

“Person” means an individual, not an association, corporation or any other legal entity.

“Public place” means any place to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, roads, sidewalks, alleys, avenues, parks, and/or the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities and shops.

“Remain” means to linger or stay at or upon a place and/or to fail to leave a place, when requested to do so by an officer or by the owner, operator or other person in control of that place.

“Temporary care facility” means a nonlocked, nonrestrictive shelter at which minors may wait, under visual supervision, to be retrieved by a parent. No minor waiting in such facility shall be handcuffed and no minor shall be secured to any stationary object. (Ord. 38 § 1 (part), 2001: prior code § 10-4-02)

9.08.030 Prohibited minor conduct.

It is unlawful for a minor, during curfew hours, to remain in or upon any public place within the town, to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the town, unless:

A. The minor is accompanied by a parent; or

B. The minor is involved in an emergency; or

C. The minor is engaged in an employment activity, or is going to or returning home from such activity, without detour or stop; or

D. The minor is on the sidewalk directly abutting a place where he or she resides with a parent; or

E. The minor is attending an activity sponsored by a school, religious, or civic organization, by a public organization or agency, or by another similar organization or entity, which activity is supervised by adults, and/or the minor is going to or returning from such an activity without detour or stop; or

F. The minor is on an errand at the direction of a parent, and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor’s destination and the hours the minor is authorized to be engaged in the errand; or

G. The minor is involved in interstate travel through, or beginning or terminating in, the town; or

H. The minor is 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. (Ord. 38 § 1 (part), 2001: prior code § 10-4-03)

 

9.08.040 Prohibited parental conduct.

It is unlawful for a minor’s parent to knowingly permit, allow or encourage such minor to violate this chapter. (Ord. 38 § 1 (part), 2001: prior code § 10-4-04)

 

9.08.050 Prohibited conduct of motor vehicle owners.

It is unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of this chapter. (Ord. 38 § 1 (part), 2001: prior code § 10-4-05)

 

9.08.060 Prohibited conduct of establishment owners and operators.

It is unlawful for the operator of any establishment, or for any person who is an employee thereof, to knowingly permit, allow or encourage a minor to remain upon the premises of the establishment during curfew hours. It shall be a defense to prosecution under this section that the operator or employee of an establishment promptly notify the police department that a minor was present at the establishment after curfew hours and refused to leave. (Ord. 38 § 1 (part), 2001: prior code § 10-4-06)

 

9.08.070 Violation--Penalty.

A. Any minor who shall violate any of the provisions of this chapter shall, upon a second or subsequent offense, be issued a citation and upon conviction shall be punished by a fine not to exceed twenty-five dollars ($25.00).

B. Any person other than a minor who is found guilty of any of the provisions of this chapter shall, upon a second or subsequent offense, be issued a citation and upon conviction shall be fined not to exceed fifty dollars ($50.00). (Ord. 38 § 1 (part), 2001: prior code § 10-4-09)