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Home Rule Chapter 800 - Curfew for Minors

WHEREAS, pursuant to ORC 505.89, a Board of Township Trustees may adopt a curfew for persons under 18 years of age in any unincorporated area of a township; and

WHEREAS, the Plain Township Board of Trustees, Stark County, Ohio, considers it necessary to adopt such said curfew for persons under 18 years of age in the unincorporated areas of Plain Township; and

WHEREAS, there has been a problem in the past with minors loitering, idling, wandering, strolling, or being in or on vehicles upon public places within Plain Township during late night and early morning hours;

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plain Township Board of Trustees, Stark County, Ohio to adopt the following curfew:

Curfew for minors:

  1. No minor shall loiter, idle, wander stroll or play, or be in or on any vehicle in or upon any public place within the unincorporated areas of Plain Township, Stark County, Ohio, between the hours of 11:00 p.m. and 6:00 a.m. Sunday night through Thursday night and between the hours of 12:30 a.m. and 6:00 a.m. Friday night through Saturday night provided that the provisions of this resolution shall not apply to the following:
    1. To a minor accompanied by a parent, guardian, custodian or other adult person having custody or control of such minors;
    2. To a minor who is on an emergency errand or specific business or activity directed or permitted by his parent, guardian, or other adult person having the care and custody of the minor;
    3. To a minor whose presence is connected with or required by some legitimated employment, trade, profession, or occupation;
    4. To a minor attending or returning within one hour after the conclusion thereof, from any scheduled activity by any local School Board of Education or from any other special function scheduled by any other church, school, or organization.
  2. As it applies to the above curfew, the word:
    1. "Minor" means any person under the age of 18;
    2. "Parent" means the natural or adoptive parent of a minor;
    3. "Guardian" means any person other than a parent who has legal guardianship of a minor;
    4. "Custodian" means any person 18 or over who is in loca parentis to a juvenile;
    5. "Public place" means any street, highway, alley, or right-of-way, to include sidewalks, any park, playground, ground, place or building open to the public; any privately or publicly-owned place of amusement, entertainment, or public accommodation, to include parking lots and other areas adjacent thereto; any vacant lot or land, or without the consent of the owner, any private property.

BE IT FURTHER RESOLVED, by the Plain Township Board of Trustees, Stark County, Ohio, that the Stark County Sheriff is authorized to enforce this resolution and, pursuant to ORC 505.89, any person under 18 years of age who violates this curfew shall be charged being under 18 years of age who violates this curfew shall be charged as being an unruly child and taken before juvenile court as provided by ORC Chapter 2151.