M-5 OFFENSES BASED UPON AGE

M-5-1 ENTERING OR REMAINING IN BAR

No person less than twenty-one (21) years of age may enter or occupy any premises where alcoholic beverages are sold pursuant to an on-sale alcoholic beverage retail license. A person in the immediate company of his or her parent, legal guardian, or spouse over twenty-one (21) years of age while on the premises is excepted from the operation of this section.

Source:

Authority: SDCL 9-29-7

M-5-2 POSSESSION OF BEER OR ALCOHOLIC BEVERAGES

It is unlawful for any person under the age of twenty-one (21) years to possess any alcoholic beverage unless in the immediate company of his or her parent, legal guardian, or spouse over twenty-one (21) years of age.

M-5-3 CURFEW

A. Purpose. The purpose of this ordinance is to preserve the peace and tranquility, to eliminate acts which annoy, injure, or endanger the comfort and repose of others of the community, and to reduce crimes and delinquency by minor children under the age of sixteen (16) years while engaged in acts of vandalism and destruction of public and private property and to protect the health, safety, and welfare of the children of our community from the temptations of juvenile delinquency and illegal drug and alcohol use and abuse.

Source:

Authority: SDCL 9-29-3

Cross Reference: SDCL 26-7A-1(21)

B. Curfew. It shall be unlawful for any minor child to unnecessarily remain upon the public streets, highways, roads, alleys, parks, private property made available for public use between the hours of 10 p.m. and 6 a.m., Central Time, of the following day if such minor child is under the age of sixteen (16) years; provided, that the provisions of this section do not apply to a minor child who is at home, is accompanied by his or her parent, guardian, or other adult person having the custody or care of the minor child, is attending or going directly to and from employment, school, church, religious, civic, or political activity, or is a non-resident minor child traveling through Fort Pierre on the way to another destination.

Source:

Authority: SDCL 9-29-3

C. Parent or Guardian Responsibility. It shall be unlawful for the parent, guardian, or other adult person having the care or custody of a minor child who is under the age of sixteen (16) years to knowingly permit such minor child to unnecessarily remain upon the public streets, highways, roads, alleys, parks, private property made available for public use between the hours of 10 p.m. and 6 a.m., Central Time, of the following day; provided, however, the provisions of this section do not apply when the minor child is at home, is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor child, is attending or going directly to and from employment, school, church, religious, civic or political activity, or is a non-resident minor child traveling through Fort Pierre on the way to another destination.

Source:

Authority: SDCL 9-29-3

D. Violation of Curfew. Violation of this chapter shall be punishable in accordance with chapter T.

Source:

Authority: SDCL 9-29-3, SDCL 9-19-3

Cross Reference: SDCL 26-8

E. Severability. If any portion of this chapter is held to be invalid or inoperative for any reason, the remaining provisions shall be considered valid and operative and in full force and effect, and effect shall be given to the intent manifested by the portion not held invalid or inoperative.

Source:

M-5-4 PENALTY

Any person in violation of any section within this chapter shall be guilty of a misdemeanor and upon conviction shall be penalized as provided in chapter T. Each day’s violation, failure, refusal, or neglect to comply with any provision of this code or regulation promulgated thereunder shall constitute a separate and distinct offense.

Authority: SDCL 9-19-3

M-5-5 SEVERABILITY

If any provision of this chapter is declared unconstitutional or the application of this chapter to any person or circumstance is held invalid or unconstitutional, the remainder of this chapter and applicability thereof to other persons or circumstances shall not be affected thereby.