Curfew By Law

BEING a By-law under the provisions of section 157(1) of the Municipal Government Act of the Province of Alberta

WHEREAS Council has determined there has been a substantial increase in the number and in the seriousness of crimes committed by minors against persons and property in the Town of Valleyview and this has created a threat to the preservation of public peace, safety, health, morals, and welfare;

AND WHEREAS the increase in juvenile delinquency has been caused in part by the number of minors who are permitted to remain in public places and in certain establishments during night hours without adult supervision;

AND WHEREAS the association of minors with each other and with persons older than themselves in public places at night exposes those minors to undersirable influences constituting a threat to their physical and moral well being;

NOW THEREFORE the problem of juvenile delinquency can be reduced by regulating the hours during which minors may remain in public places and in certain establishments without adult supervision and by imposing certain duties and reponsibilities upon the parents or guardians who have the care and custody of minors;

DEFINITIONS

“Public Place” means any street, public land, public building, or any private property to which the public has resort;

“night” means after 2300 hours and before 0530 hours;

“Peace Officer” means a member of the Royal Canadian Mounted Police or a By-Law Development Officer employed by the Town of Valleyview;

“Company” means under the direct supervision;

“proper guardian” means parent or legal guardian or any person over the age of 18 years authorized by a parent or legal guardian;

No person under the age of 16 years shall be in a public place in the Town of Valleyview at night except in the company of a proper guardian and except as provided herein.

This By-Law does not apply to any person under the age of 16 years who is in a public place at night;

a) in connection with their legitimate business, trade, profession or occupation;

b) in connection with legitimate purpose directed by his or her parent or guardian

c) on an emergency errand;

Any person to whom this By-Law applies, found in a public place at night may be warned to go home by a Peace Officer and if after the warning the person refuses or fails to go home he or she may be taken to his or her home or to a shelter by the Peace Officer.

A parent or guardian who permits a person to whom the By-Law applies to contravene the By-Law, is guilty of an offence and is liable;

a) For a first offence to a fine of $50.00

b) For a second offence to a fine of $100.00

c) For a third or subsequent offence to a fine of $200.00

And in each case in default of payment to a term of imprisonment of not more than three months.