Montgomery, AL — The City of Montgomery is implementing a new curfew ordinance specifically for its Downtown Entertainment District, a measure designed to regulate the presence of minors in public spaces during specified hours. This ordinance, once effective, will directly impact individuals under the age of 17 who are not legally emancipated, as well as their parents or legal guardians.
Who Does This Affect?
Primarily, this new curfew targets minors, defined as anyone under 17 years old, unless they have been emancipated under Alabama law. This includes minors who may be out of school due to suspension or expulsion.
However, the implications extend beyond just the minors themselves. Parents and legal custodians will also be directly affected, as they bear responsibility for their children’s adherence to the curfew. The ordinance explicitly states that if a minor is found in violation, they will be released only to a parent or custodian. Furthermore, parents or custodians can receive citations and face penalties, especially for repeat offenses by children under their care.
When is the Curfew in Effect?
The curfew’s hours vary depending on the day of the week and school status:
- During School Hours: The curfew is in effect during “appropriate school system scheduled school hours”. This means minors should not be in public places in the Downtown Entertainment District when they are supposed to be in school.
- Weeknights (Sunday – Thursday): From 9 p.m. until 6 a.m. the following day.
- Weekends (Friday & Saturday) and City Holidays: From 11 p.m. until 6 a.m. the following day. Official city holidays are those declared by the mayor.
What Are the Consequences of Violating the Curfew?
Montgomery’s City Council has indicated a strong stance on enforcing this curfew, with significant penalties for violations.
For minors (or their parents/custodians, in the case of a citation):
- First Violation: A fine of $500.
- Second Violation: A fine of $500.
- Third and Subsequent Violations: A fine of $500. Additionally, for a parent or custodian, a third or subsequent violation within a 12-month period can lead to imprisonment in the city jail, workhouse, or at hard labor for up to six months, in addition to the $500 fine.
It’s important to note that while the Council has expressed a desire for maximum fines and even jail time for repeat offenses, the Municipal Court does retain some discretion. The court can suspend or probate a sentence. In some cases, the court may also require counseling or attendance in parenting and child-raising skills programs as part of or instead of other penalties.
How Will This Be Enforced?
Police officers are instructed to first inquire about an apparent offender’s age and reason for being in the public place before taking enforcement action. A citation or arrest will only occur if the officer has a reasonable belief that an offense has taken place and no valid defense is present. The ordinance also emphasizes that its provisions will be enforced equally, without discrimination based on race, ethnicity, or sex.
This ordinance represents an effort by the City of Montgomery to manage the presence of minors in its Downtown Entertainment District during specific hours, aiming to create a particular environment in that area. Residents, particularly those with children under 17, should familiarize themselves with these new regulations to ensure compliance and avoid potential penalties.