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Options: Drafting a Juvenile Curfew Ordinance To Withstand Constitutional Challenges

NCJ Number
152327
Author(s)
M Hessel
Date Published
Unknown
Length
17 pages
Annotation
This article describes how a city attorney can draft a juvenile curfew ordinance with a good chance of being upheld in court.
Abstract
Most parties challenging a juvenile curfew ordinance focus on vagueness and overbreadth, while others have argued that curfews are facially unconstitutional or unconstitutional as applied because they violate amendments regarding free assembly, unreasonable search and seizure, due process, equal protection, or the right to family autonomy. Basic principles for drafting a good curfew ordinance are to use precise language, create narrowly tailored ordinances, and explain the rationale for the curfew. Provisions that should be included in any ordinance include the purpose, findings, definitions, age, hours, place, forbidden activities, exceptions, liability of others (i.e., parents and shopkeepers), enforcement procedures, penalties, statistics, sunset and review, severability, and construction. 161 notes

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