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By-Law 1535A
A By-Law of the Town of Cardston, in the Province of Alberta, to
regulate the time which minors shall not be in a public place at night without
proper guardianship within the corporate boundaries of the Town of Cardston.
WHEREAS, Section 7 of the Municipal Government Act, being Chapter
M26-1, RSA 1994, as amended, provides that Council may by by-law regulate
the time which minors shall not be in a public place at night without proper
guardianship.
WHEREAS the Council of the Town of Cardston is of the view that it
would be in the best interest of the residents of the Town of Cardston that a by
law be passed to regulate the time after which minors shall not be in a public
place at night without proper guardianship.
NOW THEREFORE, the Municipal Council of the Town of Cardston, in
the Province of Alberta, duly assembled enacts as follows:
1.
That By-Law Number 1363 be, and the same is , hereby repealed;
2.
This By-Law shall be known as the "Curfew By-Law";
3.
Definitions:
a) "Child" shall mean a child male or female really or apparently
under the age of sixteen (16);
b) "Peace Officer" shall mean a member of the ( 1) Royal
Canadian Mounted Police of (2) a Special Constable, or (3) a
By-Law Officer Enforcement for the Town of Cardston;
c) "Proper Guardianship" shall mean in the direct care or
supervision of a parent, legal guardian or any person of the age
of sixteen ( 16) years authorized by a parent or legal guardian;
d) "Public Place" shall mean any street, public lane, public
building or any private property to which the public has access.
4.
No child shall be in a public place within the corporate limits of
the Town of Cardston after the hour of 10:00 o'clock pm on any
day and before the hour of 6:00 o'clock am on the
same day without proper guardianship;
5.
Any child to whom the By-Law applies who is found in a public
place without proper guardianship between the hour of 10:00
o'clock pm and 6 :00 o'clock am on any day may be warned to go
home by a Peace Officer, and if, after the warning, the child
refuses or fails to go home, he/she either may be detained and
taken to his/her home or shelter by the Peace Officer;
6.
This By-Law does not apply to any person under the age of
sixteen (16) years who is in a public place in the Town of
Cardston between the hours of 10:00 o'clock pm - 6:00 o'clock
am on any day, should they be there;
a) in connection with a legitimate employment, business or trade;
or,
b) on an emergency errand.
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c) or for Town sponsored or permitted events.
7.
Any parent or guardian who permits his/her child to contravene
this By-Law, and any child who contravenes this By-Law, is guilty
of an offence and liable upon summary conviction to:
a) For the first offence, to a fine of FIFTY ($50.00) DOLLARS:
b) For the second offence, to a fine of ONE HUNDRED ($100.00)
DOLLARS;
c) For the third or subsequent offence, to a fine of TWO
HUNDRED ($200.00) DOLLARS.
and in each case in default of payment to a term of imprisonment not
more that three months.
This By-Law shall take effect on the date of the third and final reading
and By-Law 1535 shall be rescinded.
Received first reading this 31st day of May
2005
Received second reading this 31st
day of May
2005
Received third and final reading this 31st
day of May
2005
Amended by 1535B this 23rd day of October
2007
Municipal Administrator
SIGNED by the CEO and Chief Administrative Officer this 29th day of October,
2007