Westown Block Watch

Curfew Reminder

Jul 26, 2008

The City of Phoenix does enforce a curfew of 10 pm to 5 am for all youth under the age of 16. There is also a curfew for 17 year olds at 11pm. See below for the specific Ordinance:

Sec. 22-1. Curfew--Juveniles under sixteen years; exceptions.
It shall be unlawful for any juvenile under the age of sixteen years to be, remain or loiter in, about or upon any place in the City away from the dwelling house or usual place of abode of said juvenile, between the hours of 10:00 p.m and 5:00 a.m. of the following day; provided, however, that the provisions of this section do not apply to said juvenile when accompanied by his parent, guardian or other adult person having the care, custody or supervision of said juvenile, or where said juvenile is on an emergency errand, or where said juvenile is on reasonable, legitimate and specific business or activity directed or permitted by his parent, guardian or other adult person having the care, custody or supervision of said juvenile.
(Ord. No. G-865, ?§ 2; Ord. No. G-3620, ?§ 1)

Sec. 22-2. Curfew--Juveniles sixteen years of age or older; exceptions.
It shall be unlawful for any juvenile sixteen years of age or older and under the age of eighteen years to be, remain or loiter in, about or upon any place in the City away from the dwelling house or usual place of abode of said juvenile, between the hours of 12:00 midnight and 5:00 a.m.; provided, however, that the provisions of this section do not apply to any emancipated minor or to a juvenile accompanied by his parent, guardian or other adult person having the care, custody or supervision of said juvenile; or where said juvenile is on an emergency errand, or where said juvenile is on reasonable, legitimate and specific business or activity directed or permitted by his parent, guardian or other adult person having the care, custody or supervision of said juvenile.
(Ord. No. G-865, ?§ 2; Ord. No. G-3620, ?§ 2)

Sec. 22-3. Curfew--Responsibility of parent or guardian.
It shall be unlawful for the parent, guardian or other adult person having the care, custody or supervision of a juvenile to permit such juvenile to be, remain or loiter in, about or upon any place in the City away from the dwelling house or usual place of abode of said juvenile in violation of sections 22-1 and 22-2; provided, however, that the provisions of this section do not apply when the juvenile is an emancipated minor, or when the juvenile is accompanied by his parent, guardian or other person having the care, custody or supervision of the juvenile; or where the juvenile is on an emergency errand, or where the juvenile is on reasonable, legitimate and specific business or activity directed or permitted by his parent, guardian or other person having the care, custody or supervision of such juvenile.
(Ord. No. G-865, ?§ 2)

Sec. 22-4. Curfew--Violations separate offenses.
Each violation of the provisions of sections 22-1, 22-2 and 22-3 shall constitute a separate offense.
(Ord. No. G-865, ?§ 2)

Sec. 22-5. Curfew violations--Knowledge by parent or guardian.
It shall not constitute a defense hereto that such parent, guardian or other adult person having the care, custody or supervision of such juvenile, coming within the provisions of section 22-1 or section 22-2, did not have actual knowledge of the presence of such juvenile in, or about or upon any place in the City away from the dwelling house or usual place of abode of said juvenile, if said parent, guardian or other person having the care, custody or supervision of such juvenile or juveniles, in the exercise of reasonable care and diligence, should have known of the aforementioned unlawful acts of such juvenile or juveniles.
(Ord. No. G-865, ?§ 2)

Sec. 22-6. Curfew violations--Delivery of juvenile into custody of parent or guardian.
In addition to any other powers he may have, any law enforcement officer who arrests a juvenile for violating any of the provisions of sections 22-1 or 22-2 is also hereby empowered to demand of the parent, guardian or other person having the care, custody or supervision of such juvenile that such parent, guardian or other person come and take such juvenile into custody. Should there be a failure of the parent, guardian or other person to take custody of such juvenile, the officer may then be empowered to take such juvenile home. It shall be unlawful for any such parent, guardian or other person having the care, custody or supervision of said juvenile to fail or refuse to take such juvenile into custody after such demand is made upon him.
(Ord. No. G-865, ?§ 2)

Sec. 22-7. Curfew violations--Penalties.
(a) Any juvenile who shall violate the provisions of section 22-1 or 22-2 shall be guilty of a misdemeanor, and proceedings shall be taken in accordance with and pursuant to the Juvenile Code as contained in A.R.S. tit. 8, ch. 2 (A.R.S. ?§ 8-201 et seq.).
(b) Any parent or guardian of the person of a juvenile who shall violate the provisions of sections 22-3 and 22-6 shall be guilty of a misdemeanor.
(Ord. No. G-865, ?§ 2; Ord. No. G-1873, ?§ 1)
State law references: Penalty for curfew violation imposable by juvenile hearing officer, A.R.S. ?§ 8-323.