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