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City of Cushing, OK. If you do not agree to the Terms of Use, please do not use eCode Pin open the table of contents Table of Contents. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:. It shall be unlawful for any person 16 or less years of age under 17 to be or remain in or upon a public place within the City during the period ending at a.

The following shall constitute valid exceptions to the operation of the provisions of this division:. A copy of the communication, or of the police record thereof, duly certified by the chief of police to be correct, with an appropriate notation of the time it was received and of the names and addresses of the parent and juvenile, shall be admissible evidence. If the event is not commercial in nature or does not have a fixed, publicly known time at which it will or does end, the sponsoring organization must register the event with the chief of police or his ased representative at least 24 hours in advance, informing the police department of the time that such event is scheduled to begin, the place at which it shall be held, the time at which it shall end, and the name of the sponsoring organization.

When necessary nighttime activities of a juvenile may be inadequately provided for by other provisions of this division, then recourse may be had to the chief of police, either for a regulation as provided in Subsection 9 of this section or for special permission as the circumstances warrant. Upon the findings of reasonable necessity for the use of a public place to the extent warranted by a written application ed by a juvenile and by a parent of the juvenile, if feasible, stating i the name, age and address of the juvenile; ii the name, address and telephone of a parent thereof; iii the height, weight, sex, color of eyes and hair and other physical characteristics of the juvenile; iv the necessity that requires the juvenile to remain upon a public place during the curfew hours otherwise applicable; v the public place; vi the beginning and ending of the period of time involved by date and hour, the chief of police or his deee may grant a permit in writing for the juvenile's use of a public place at such hours as in the opinion of the chief of police may reasonably be necessary and consistent with the purposes of this division.

In an emergency this may be handled by telephone or other effective communication, with a corresponding record being made contemporaneously to the chief of police or to the person deated by the chief of police to act on his behalf in an emergency, at the police station. Normally such regulation by the chief of police permitting use of public places should be issued sufficiently in advance to permit appropriate publicity through news media and through other agencies such as the schools, and shall define the activity, the scope of the use of the public places permitted, the period of time involved not to extend more than one hour beyond the time for termination of the activity, and the reason for finding that the regulation is reasonably necessary and is consistent with the purposes of this division.

Such certification shall be renewable each calendar month when the current facts so warrant, dated or reentered upon the log or list not more than 45 days ly, and briefly identifying the juvenile, the addresses of the juvenile's home and of the juvenile's place of employment, and the juvenile's hours of employment. Each of the exceptions in Subsection A of this section, and their several limitations such as provisions for notification, are severable, as hereinafter provided but here reemphasized, and will be considered by the City Commission when warranted by future experience illuminated by the views of student government associations, school personnel, citizens, associations, parents, officers and persons in authority concerned positively with juveniles as well as with juvenile delinquency.

It shall be unlawful for a parent having legal custody of a juvenile knowingly to permit or by inefficient control to allow the juvenile to remain in any City public place under circumstances not constituting an exception to, or otherwise beyond the scope of, this division. The term "knowingly" includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a juvenile in that parent's legal custody.

This requirement is intended to hold a neglectful or careless parent up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such juvenile. It shall be unlawful for any operator of an establishment to knowingly permit a juvenile to remain at the establishment under circumstances not constituting an exception to, or otherwise beyond the scope of, the division.

The term "knowingly" includes knowledge that an operator should reasonably be expected to have concerning the patrons of the establishment. The standard for "knowingly" shall be applied through an objective test, whether a reasonable person in the operator's position should have known that the patron was a juvenile in violation of this division. If a police officer reasonably believes that a juvenile is in a public place in violation of this division, the officer shall notify the juvenile that he is in violation of this division and shall require the juvenile to provide his name, address and telephone and how to contact his parent or guardian.

In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate, a police officer shall, in the first instance of violation of this division, use his best judgment in determining age. The police officer shall issue the juvenile a written warning that the juvenile is in violation of this division and order the juvenile to go promptly home.

Police procedures shall constantly be refined in the light of experience and may provide that the police officer may deliver to a parent or guardian thereof a juvenile under appropriate circumstances; for example, a juvenile of tender age, near home, whose identity and address may readily be ascertained or are known. Notwithstanding B of this section, when: i a juvenile has received one written warning for violation of this division; or ii a police officer has reasonable grounds to believe that the juvenile has engaged in delinquent conduct, the procedure shall then be to take the juvenile to the police station where a parent or guardian shall immediately be notified to come for the juvenile whereupon the parent or guardian and the juvenile shall be questioned.

This is intended to permit ascertainment, under constitutional safeguards, of relevant facts, and to centralize responsibility in the person deated there and then on duty for accurate, effective, fair, impartial and uniform enforcement, and recording, thus making available experienced personnel and access to information and records. When a parent or guardian, immediately called, has come to take charge of the juvenile, and the appropriate information has been recorded, the juvenile shall be released to the custody of such parent or guardian.

If the parent cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to the juvenile authorities, except to the extent that in accordance with police regulations, approved in advance by juvenile authorities, the juvenile may temporarily be entrusted to an adult, neighbor or other person who will on behalf of a parent or guardian assume the responsibility of caring for the juvenile pending the availability or arrival of a parent or guardian.

In the case of a first violation of this division by a juvenile, the chief of police shall by certified mail send to a parent or guardian written notice of the violation with a warning that any subsequent violation will result in full enforcement of this division, including enforcement of parental responsibility and of applicable penalties.

For the first violation of this division by an operator of an establishment who permits a juvenile to remain on the premises, a police officer shall issue a written notice of the violation with a warning that any subsequent violation will result in full enforcement of this division, including enforcement of operator responsibility and of applicable penalties.

In any event the police officer shall, within 24 hours, file a written report with the chief of police or shall participate to the extent of the information for which he is responsible in the preparation of a report on the curfew violation. It is not the intention of this division to require extensive reports that will prevent police officers from performing their primary police duties.

The reports shall be as simple as is reasonably possible and may be completed by police departmental personnel other than sworn police officers. The municipal judge of the City, upon finding a parent guilty, shall sentence the parent to pay this fine and the cost of prosecution. The parent or legal guardian having custody of a juvenile subject to this division shall be liable for all costs incurred by the City for providing personnel to remain in the company of a juvenile within one hour after receiving notice from the City that the City is detaining the juvenile for a curfew violation.

The amount to be paid by the parent or guardian shall be based on the hourly wage of the City employee who is ased to remain with the juvenile plus the cost of benefits for that employee. The parent or legal guardian having custody of a juvenile subject to this division shall be liable for any fine or condition of restitution or reparation imposed by a court upon a curfew violator, provided that the curfew violator has not paid the fine or made restitution or reparation within the time ordered by the court, and further provided that the parent or legal guardian has been made a party defendant in all enforcement proceedings against the curfew violator and shall be served with all citations, summons, complaints, notices, and other documents required to be served on the curfew violator defendant.

Any juvenile who shall violate any of the provisions of this division more than three times shall be reported by the chief of police to the juvenile authorities as a juvenile in need of supervision and the chief of police may proceed to file such charges with the district courts as he may deem appropriate.

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