TO: Honorable Mayor & Members of the North Port Commission
FROM: Jason Yarborough, ICMA-CA, Interim City Manager
TITLE: An Ordinance of the City of North Port, Florida, Reorganizing Chapter 46 of the Code of the City of North Port, Florida, by Moving and Renumbering Section 46-89, Entitled "Curfew for Underage Persons and Parental Responsibilities," to Appear as a New Section 46-19; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
Recommended Action
First Reading:
Continue Ordinance No. 2021-05 to second reading on January 26, 2021.
Second Reading:
Approve Ordinance No. 2021-05.
Background Information
First Reading:
In an ongoing effort to make the City Code more user friendly, this ordinance will reorganize Chapter 46 by moving the entire contents of Section 46-89, entitled “Curfew for underage persons and parental responsibility,” to Chapter 46, Article II, Division 1, Section 46-19, entitled “Curfew for underage persons and parental responsibility,” by creating a new section of the City Code.
There is no substantive change.
This code provision incorporates Florida Statutes Sections 887.20 through 887.24, which provide a curfew framework for minors that regulates the following:
1. Prohibits a minor from remaining in a public place or establishment between the hours of 11:00 p.m. and 5:00 a.m., Sunday through Thursday, and between the hours of 12:01 a.m. through 6:00 a.m., Saturday and Sunday. There is an exception for days that are legal holidays.
2. Prohibits a minor from being 1,000 feet from a school during the hours of 9:00 a.m. to 2:00 p.m. during any school day, if the minor has been suspended or expelled.
3. Places a legal duty on the parent of a minor to ensure compliance with the statutory framework.
4. Creates exemptions to the framework.
5. Sets a civil penalty for violations of a minor at $50.00 for each violation following receipt of a written warning, and $50.00 for a parent who knowingly allows a minor to violate the section following receipt of a written warning.
These sections of Florida Statutes only apply in a municipality where the governing body of the municipality adopts an ordinance incorporating the provisions of these sections by reference.
Second Reading:
On January 12, 2021, the City Commission continued this ordinance to second reading with no changes.
Strategic Plan
Health & Public Safety
Financial Impact
N/A
Procurement
N/A
Attachments:
1. First Reading - Ord 2021-05. Regulating Presence of Minors in Public Places
2. Second Reading - Ord 2021-05. Regulating Presence of Minors in Public Places
3. Florida Statutes Sections 877.20 through 877.25
Prepared by: Michael Golen, Assistant City Attorney
Department Director: Amber L. Slayton, City Attorney