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If the juvenile is exercising First Amendment rights protected by the United <br />States Constitution (or those similar rights protected by Article I of the <br />Constitution of the State of Minnesota), such as free exercise of religion, <br />freedom of speech, and the rights of assembly; or <br /> <br />10. If the juvenile is homeless or uses a public or semi-public place as his or her <br /> usual place of abode. <br /> <br />b. It is an affirmative defense to prosecution under Subd. 5.05.03(e) that: <br /> <br />The owner, operator or employee of an establishment promptly notified the <br />police department that a juvenile was present on the premises of the <br />establishment during curfew hours and refused to leave. <br /> <br />The owner, operator or employee reasonably and in good faith relied upon a <br />juvenile's representations of proof of age. Proof of age may be established <br />pursuant to Minn. Stat. §340A.503, subd. 6, or other verifiable means, <br />including, but not limited to, school identification cards and bkrth <br />certificates. <br /> <br />5.05.05 Enforcement. Before taking any enforcement action under this Section, a police <br />officer shall ask the apparent offender's age and reason for being in a public place. The officer <br />shall not issue a citation or make an arrest under this Section unless the officer reasonably believes <br />that an offense has occurred and that no exception set forth in Subdivision 5.05.04 is applicable. <br /> <br />5.05.06 Penalties. <br /> <br />a. Violation of Subdivision 5.05.03(a), (b), and (c) will be prosecuted pursuant to <br /> Minn. Stat. §260.195 and will be subject to the penalties therein. <br /> <br />b. Violation of Subdivision 5.05.03(d) or 5.05.03(e) shall be a misdemeanor. <br /> <br />5.05.07 Severability. If any court of competent jurisdiction shall adjudge any provisions <br />of this Ordinance to be invalid, such judgment shall not affect any other provisions of this <br />Ordinance not specifically included in said judgment. <br /> <br />SECTION 3. <br /> <br />ORDINANCE PUBLICATION SUMMARY <br /> <br />The following official summary of Ordinance//95-18 has been approved by the City Council of the <br />City of Ramsey as clearly informing the public of the intent and effect of said Ordinance, to wit: <br /> <br />The Ramsey Curfew ordinance, adopted from the Anoka County Curfew ordinance, sets <br />standards for regulation of conduct of minors during nighttime hours in the City. The <br />ordinance defines the principal terms used, sets forth prohibited acts pertaining to the hours <br />that persons in various age brackets may be present in public places during nighttime <br />hours, sets our exceptions to these prohibited acts, and addresses enforcement and <br />penalties for violations. The ordinance also sets responsibilities upon parents of juveniles <br />and operators of commercial establishments frequented by juveniles. <br /> <br />The hours for unlawful presence in a public place within the City of Ramsey are: <br /> <br />Under 12 years of age - 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or <br />Thursday, and 5:00 a.m. of the following day. 10:00 p.m. on Friday or Saturday and 5:00 <br />a.m. of the following day. <br /> <br /> <br />