Agenda

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ARF- 2992

Public Hearing 3. A.

Regular BOS Meeting

Meeting Date:	03/03/2015
Submitted For:	Don McDaniel Jr.
Submitted By:	Laurie Kline, Deputy Clerk, Clerk of the Board of Supervisors
Department:	County Manager

Information

Request/Subject

An ordinance establishing a curfew for minors in the unincorporated areas of Gila County

Background Information

In May of 2012, County staff developed a curfew ordinance to help control underage drinking in areas of the unincorporated county.

The Board of Supervisors in their Work Session on January 29, 2013, considered the staff's draft of a Curfew Ordinance. The Ordinance proposed establishing a curfew of 10:00 pm to 6:00 am seven (7) days a week for residents under the age of 18. The draft Ordinance also establishes the circumstances which would constitute exceptions to the curfew, the forms of enforcement, and the penalties for violation of the Ordinance.

The Work Session concluded with the Board instructing staff to circulate the proposed ordinance to the elected officials and the public and then present those comments/suggestions to the Board at a future meeting. Both the Chief Probation Officer and the Sheriff have reviewed the original ordinance and changes have been made to the current draft in keeping with their comments.

Evaluation

The original draft Curfew Ordinance was created by compiling sections of ordinances currently in effect in other jurisdictions in Arizona. The revised draft (February 2015) includes changes based upon comments received at and after the Work Session.

While most cities and towns already have curfew ordinances that are enforceable within their corporate limits, Gila County does not have a curfew which applies to the unincorporated areas. Some have observed that when the ordinances are enforced within a city or town, the violators simply move to the unincorporated areas to continue their activities after hours.

The proposed Curfew Ordinance (February 2015 Draft) only applies to unincorporated areas of Gila County including US Forest Service land, Bureau of Land Management land, and Arizona State Land Department land, but specifically excludes incorporated cities and towns as well as sovereign Indian nations and reservations that are located within the County.

Primary enforcement of the curfew would be carried out by the Gila County Sheriff.

Conclusion

The February 2015 Draft Curfew Ordinance for the unincorporated areas of the County appears to be consistent with the ordinances that currently exist in the incorporated communities. Therefore, it appears this Draft Curfew Ordinance responds to the inequity that exists between the incorporated and the unincorporated areas of Gila County.

Recommendation

Staff recommends that the Board of Supervisors approve Curfew Ordinance No. 2015-01.

Suggested Motion

Information/Discussion/Action to adopt Gila County Ordinance No. 2015-01 establishing a curfew for minors in the unincorporated areas of Gila County. (Don McDaniel)

Attachments
Ordinance No. 2015-01
Public Hearing Notice for Curfew Ordinance