Curfew serves purpose

July 27, 2007 11:26 am

— Muskogee has a curfew. It should be enforced as strictly as possible.
And Muskogee parents, know where your children are and see that they obey the city’s curfew ordinance.
Two Tulsa youths are dead and another remains in critical condition after they were shot about 3 a.m. Sunday.
The tragedy is greater than a simple curfew violation, but it began with one.
Joshua Muller, 33, had no control of his anger and fired with an assault rifle into an SUV with the three youths: Derriko Ross, 16; Leah Harris-Fuqua, 12; and another 12-year-old girl. Muller shot the youths because he thought one of them stole his wife’s billfold, after the two girls had spent part of Sunday morning’s early hours with her. Some of that time, they spent outside a Tulsa bar.
Something similar, but not as tragic, occurred in Muskogee in late June. An 18-year-old, four juveniles and possibly three others were out at 2 a.m. on a Sunday morning. According to police, they threatened an adult, who had a gun, and a youth, who were overseeing a fireworks stand. The adult shot the 18-year-old when the group attacked the youth at the stand. The 18-year-old survived.

Muskogee curfew
WHO: Any person under 18 years of age.
WHEN: 11 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 5 a.m. of the following day and 12:30 a.m. to 5 a.m. Saturday and Sunday.
PENALTY: Each offense, upon conviction, is punishable by a fine not to exceed $100.00, plus court costs.
EXEMPTIONS: The city ordinance provides for various exemptions, including accompaniment with parents and guardian, or travel to church activity or work.

But this incident began, like the Tulsa incident, with youths out running around when they had no business to be out. And their parents or guardians are just as much to blame for the trouble the youths got into.
Tulsa police say they will increase enforcement of Tulsa’s curfew. Muskogee needs to do the same — and Muskogee parents, make sure your children are home when they should be.

Ordinance
SECTION 13-505 CURFEW FOR MINORS.
A. Definitions. In this section:
1. "Curfew hours" means:
a. 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 5:00 a.m. of the following day; and
b. 12:30 a.m. until 5:00 a.m. on Saturday and Sunday.
2. "Emergency" means an unforseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
3. "Establishment" means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
4. "Guardian" means:
a. A person who, under court order, is the guardian of the person of a minor; or
b. A public or private agency with whom a minor has been placed by a court.
5. "Minor" means any person under eighteen (18) years of age.
6. "Operator" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
7. "Parent" means a person who is:
a. A natural parent, adoptive parent, or step-parent of another person; or
b. At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of the minor.
8. "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
9. "Remain" means to:
a. Linger or stay; or
b. Fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
10. "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

B. Offenses.
1. A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours.
2. A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
3. The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

C. Defenses.
1. It is a defense to prosecution under subsection B. that the minor was:
a. Accompanied by the minor's parent or guardian;
b. On an errand at the direction of the minor's parent or guardian, without any detour or stop;
c. In a motor vehicle involved in interstate travel;
d. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
e. Involved in an emergency;
f. On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
g. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city of Muskogee, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city of
Muskogee, a civic organization, or another similar entity that takes responsibility for the minor;
h. 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; or
i. Married or had been married or had disabilities of minority removed in accordance with state law.
2. It is a defense to prosecution under subsection B.3. that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

D. Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection C. is present.
Absent an interlocal agreement with district court for the municipal court to exercise jurisdiction over juveniles under 18 years of age under this section pursuant to 10 O.S.A. § 7303-1.2, the municipal court must refer all alleged juvenile violations to the District Attorney's office.

E. Penalties.
1. A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed one hundred dollars ($100.00), plus costs. The court may require community service work prescribed by the court in lieu of a fine if the product of multiplying the number of minimum hours of community service work by the prevailing wage does not result in a numberwhich exceeds the maximum fine authorized by law. (Prior Code, Sec. 18-19, in part; Ord. No. 3334-A, 8/14/95; Ord. No. 3404-A, Sec. 1, 1/27/97)
Cross Reference: See also park curfews.