26.11.450 Curfews-Restrictions; Exceptions and Enforcement

(a) In this section, unless the context or subject otherwise requires:

(b) Restriction during curfew hours.

(1) It shall be unlawful for any juvenile to remain in any public place or on the premises of any establishment within the city of Belcourt, North Dakota or any other residential, commercial, or industrial property within the exterior boundaries of the Turtle Mountain Band of Chippewa Indians during curfew hours.

(2) It shall be unlawful for any parent or guardian of a juvenile to knowingly permit, or by insufficient control allow, the juvenile to remain in any public place or on the premises of any establishment within the city during curfew hours. The term "knowingly" includes knowledge which a parent or guardian should reasonably be expected to have concerning the whereabouts of a juvenile in the legal custody of that parent or guardian.

(3) It shall be unlawful for any owner, operator, or any employee of an establishment to knowingly allow a juvenile to remain upon the premises of the establishment during curfew hours.

(c) Exceptions to curfew.

(1) The following shall constitute valid exceptions to the operation of the curfew. That the juvenile was:

(A) accompanied by the juvenile's parent or guardian;

(B) on an errand at the direction of the juvenile's parent or guardian, without any detour or stop;

(C) in a motor vehicle involved in interstate travel;

(D) engaged in an employment activity, or going or returning home from an employment activity, without any detour or stop;

(E) involved in an emergency;

(F) on the sidewalk abutting the juvenile's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the juvenile's presence;

(G) attending an official school, religious, or other recreational activity supervised by adults and sponsored by a civic organization, or another similar entity that takes responsibility for the juvenile, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a civic organization, or another similar entity that takes responsibility for the minor;

(H) exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or,

(I) married or had been married.

(2) It is a defense to prosecution under section (b) that the owner, operator or employee of an establishment promptly notified the BIA police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave.

(d) Enforcement of curfew.

Before taking any enforcement action under this section, a BIA police officer (and any Rolette County Law Enforcement called onto the Turtle Mountain Band of Chippewa Indian Reservation to assist with Non-Indian Juveniles) shall ask the apparent offender's age and reason for being in the public place. The officer(s) shall not issue citations or make arrests under this section unless the officer(s) have probable cause to believe that an offense has occurred and that, based on any response and other circumstances, no defense in section (c) is present.