Chapter 9.20 - OFFENSES BY OR AGAINST MINORS

Sections:

9.20.010 - Distribution, promotion or public display of sex paraphernalia to a minor.#

A.

Definitions.

"Display publicly" means the exposing, placing, posting, exhibiting or in any fashion displaying in any location, whether public or private, an item in a manner that it may be readily seen and its contents or character distinguished by normal unaided vision viewing it from a public thoroughfare, place or vehicle.

"Distribute" means to transfer possession of, with or without consideration.

"Knowingly" means to have actual or constructive knowledge of the contents of the subject matter. A person has constructive knowledge if a reasonable inspection under the circumstances would have disclosed the nature of the subject matter or if the failure to inspect is for the purpose of avoiding such disclosure.

"Minor" means any unmarried person less than eighteen (18) years of age.

"Person" is not limited to individuals only but shall include public and private corporations, firms, joint associations, partnerships and the like. The word "person" as used in this section shall apply to a natural person and shall apply equally to the male and female genders.

"Promote" means to manufacture, issue, transmit, publish, circulate, disseminate, present, exhibit or advertise, or to offer to agree to do the same.

"Sex paraphernalia" means any inedible lubricant which is manufactured, promoted or designed to be used primarily for sexual stimulation, sexual arousal or the enhancing or prolonging of sexual activity.

"Sexual device" means any item, device or product, including but not limited to, a dildo, vibrator, artificial vagina, spanish fly, ben wa balls, pillow or other product shaped or made to resemble male or female genitals, buttocks or developed female breasts, edible underwear, flavored or unflavored edible body lotion or other substance designed for internal consumption, sado-masochistic device, or any other items, device or product manufactured, promoted or designed to be used primarily for sexual stimulation, sexual arousal or the enhancing or prolonging of sexual activity. "Sexual device" shall not mean "sex paraphernalia" as defined in this section and shall not mean any device, appliance or pill designed to be used primarily for contraception purposes and shall not mean movies, books, magazines or other communicative material protected by the First Amendment of the United States Constitution.

"Wilfully" means a purpose or willingness to commit the act or to omit the act required in this section.

B.

It is unlawful for any person to knowingly and wilfully distribute or furnish any sex paraphernalia to any minor. Each distribution to a minor shall constitute a separate offense. A person convicted under this section shall be fined not to exceed two hundred ninety-nine dollars ($299.00) or imprisoned in the county jail not to exceed six months, or both.

C.

It is unlawful for any person to knowingly and wilfully promote, display publicly, distribute or furnish any sexual device to any minor. Each promotion or distribution or each day during which any sexual device is displayed publicly to a minor shall constitute a separate offense. A person convicted under this section shall be fined not to exceed two hundred ninety-nine dollars ($299.00) or imprisoned in the county jail not to exceed six months, or both.

D.

This section does not prohibit any parent or legal guardian from distributing, promoting or displaying sex paraphernalia or a sexual device to his minor child or ward.

E.

In the event that any provision of this section is declared invalid for any reason, the remaining provisions shall remain in effect.

(Ord. 152 § 1, 1984)

9.20.020 - Curfew.#

A.

Purpose of Section. The city council of the city of South Salt Lake finds, due to a seemingly ever-increasing incidence of violence and other crime among juveniles in the city of South Salt Lake, being both drug-related and gang-related, that such crimes may be significantly inhibited and reduced by the enactment and enforcement of local laws establishing a curfew prohibiting juveniles from remaining idly and purposelessly on the public streets late at night.

B.

Definitions.

"Care and custody" means the legal authority of a parent or guardian to supervise or otherwise be responsible for a minor, or the express authority given from such parent or legal guardian of a minor to a responsible adult to supervise or otherwise be responsible for the activities and care of the minor.

"Emergency errand" means any errand or travel undertaken to directly and immediately seek to prevent or reduce the consequences of an illness or injury, criminal or potential criminal activity, or fire or other accident and shall include the seeking of aid and assistance from medical or emergency response personnel or the purchase of medications.

"Minor" means any unmarried, unemancipated person who is not a member of the armed forces of the United States and who is under the age of sixteen (16) years for the purposes of subsection C of this section or who is under the age of eighteen (18) years for the purpose of subsection D of this section.

"Public places" means any place open to the public, whether publicly or privately owned, including, but not limited to, parking lots and the interiors and exteriors of commercial establishments such as restaurants, stores or places of entertainment.

C.

Sixteen-Year-Old Curfew.

It is unlawful for any minor under the age of sixteen (16) years to remain or loiter upon any of the sidewalks, streets, alleys or public places in the city of South Salt Lake between the hours of eleven p.m. and five a.m. the following morning.

D.

Eighteen-Year-Old Curfew.

It is unlawful for any minor under the age of eighteen (18) years to remain or loiter upon any of the sidewalks, streets, alleys or public places in the city of South Salt Lake between the hours of one a.m. and five a.m.

E.

Parental Liability.

It is unlawful for any parent, guardian or other person having care and custody of any minor to knowingly allow or permit the minor to violate the provisions of this section.

F.

Business Liability.

No person owning or operating a business shall knowingly permit any minor to remain on the premises of such business in violation of the provisions of this section. This section, however, shall not apply to any minor who is lawfully employed on the premises.

G.

Exceptions.

The provision of this section shall not apply to any circumstances in which the minor is: 1.

Accompanied by a parent, guardian or other responsible adult having care and custody of such minor;

2.

Engaged in a legitimate trade, employment or occupation which requires the minor's presence in or on the sidewalks, streets, alleys or public places while working at or traveling to or from such employment;

3.

Engaged on an emergency errand directed by the minor's parent, guardian or other responsible person having care and custody;

4.

In a motor vehicle engaged in normal interstate travel beginning in, traveling through or ending in the city of South Salt Lake;

5.

Attending or engaged in traveling between the minor's home or place of residence and a place where any religious, municipal, social, entertainment, sporting, political, library or school function is occurring; or

6.

Within the immediate vicinity of the minor's place of residence.

H.

Enforcement.

1.

Any minor who is in violation of the provisions of this section is subject to arrest and citation.

2.

Upon arrest, the minor shall be returned to the custody of the parent, guardian or other person charged with the care and custody of the minor.

3.

It is unlawful for any parent, guardian or other person charged with the care and custody of a minor who is in violation of this section to knowingly refuse to appear and take custody of said minor within a reasonable time after being ordered to do so by a peace officer.

(Amended during 1994 codification; Ord. 259 § 2, 1993)