RESOLUTION NO. 2011-0214b
RESOLUTION ENACTING A CURFEW FOR MINORS
IN GOSHEN TOWNSHIP - MAHONING COUNTY, OHIO
WHEREAS, Section
505.89 of the Ohio Revised Code allows townships to
adopt a resolution enacting a
curfew; and
WHEREAS, it
is necessary to enact a curfew for the general safety, health,
morals, and
well being of minors. It is also
necessary to aide in the
prevention
of crime and school truancy in Goshen Township.
NOW, THEREFORE BE IT RESOLVED that the Goshen Township
Board
of Trustees hereby adopt the following curfew regulation as
necessary
for Goshen Township – Mahoning County, Ohio.
SECTION 1 – DEFINITIONS
For the purposes of this
resolution the following terms, phrases, words and
their derivations shall have the meaning given herein.
1. “Township” means Goshen Township – Mahoning County,
Ohio.
2. “Minor” means any person who has not reached his or her
eighteenth birthday.
3. “Parent” means any person having legal custody of a
minor:
a. as natural or adoptive
parent
b. as legal guardian; or
c. as a person to whom
legal custody has been given by order of
the court.
4. “Public Place” means any street, alley, highway,
sidewalk, park,
playground, or place
which the general public has access, and a
right to resort for
business, entertainment or other lawful
purpose. A public place
shall include, but is not limited to, any
store, shop, restaurant,
cemetery, and any other place devoted to
amusement and
entertainment of the general public.
5. Times referred to herein shall be based upon the
prevailing standard
of time, whether Eastern
Standard or Eastern Daylight Saving,
generally observed at
that hour by the public in the township.
SECTION 2 – CURFEW FOR MINORS
1. No Minor, seventeen years of age and under,
shall be upon public streets,
sidewalks, right-of-way, highways,
roads, alleys, parks, playgrounds,
cemeteries,
or other public places and public buildings, vacant lots, or
other
unsupervised places within the Township, between the hours of
11:00 p.m. and 5:00 a.m. any day of the
week.
SECTION 3 – CURFEW EXCEPTIONS
1.
This resolution does not apply to any minor who is:
a. accompanied by his/her parent, guardian or custodian;
b. accompanied by an adult specified by his/her parent,
guardian or custodian;
c. carrying out an errand or other lawful activity as
directed by
his/her parent, guardian or custodian;
d. participating in, going to, or returning from:
1. lawful employment; or
2. lawful athletic, educational, entertainment, religious or
social event.
a.
Minors have one half hour to be at their residence
after
the event has officially concluded if it is after
the
time specified in Section 2 of this resolution.
SECTION 4 – PARENTAL RESPONSIBILITY
1.
No parent having the lawful care , custody or control
of a minor shall
knowingly permit or allow such minor to be or remain upon
any street
or public place in violation of this Resolution. “Knowingly” includes
knowledge in which parents should reasonably be expected to
have
concerning whereabouts of a minor in that parent’s custody
or control.
It shall be
no defense that a parent was completely ignorant or
indifferent to the activities or whereabouts of such minor.
SECTION 5 – PROCEDURE
1.
Any Police Officer upon finding a minor in violation of Section 2 shall
ascertain the name and address of the minor and shall warn
the minor
that he/she is in violation of the curfew resolution and
direct the minor
to proceed at once to his/her home. If applicable officers should
follow the minor to his/her home if in the jurisdiction of
the township.
If the minor
refuses to heed the warning of the officer or the minor has
been warned on a previous occasion, he/she shall be cited
under
Section 2
and escorted home or to the police department to contact the
minors parent, guardian or custodian for pick up.
SECTION 6 – PENALTY
1. Any minor violating the provision of this
Resolution shall be dealt with in
accordance with the juvenile court of law and section
505.89(B),
which states the minor shall be charged under chapter 2151
of the
Ohio
Revised Code as being an unruly child.
Goshen Township Board of Trustees
signed by: Robert
McCracken
Roger
Heineman
Todd
Beeson
I hereby certify that the Goshen Township Board of Trustees
adopted
Resolution
No. 2011-0214b at their meeting on February 14, 2011.
Thomas
Knoedler, Fiscal Officer