Early terms apply to youth aged 16 or under

Clewiston News

CLEWISTON -- The Hendry County Board of Commissioners are considering a proposal to enact a juvenile curfew ordinance to curb, among other issues, gang activity in the area.

Recent events throughout the county, and especially in the Clewiston area, have leaders worrying whether shootings could spill out into other areas, or worsen.

Commissioners discussed the measure during their regular Feb. 24 meeting. It makes perfect sense to keep youth off the streets during the late-night hours, they argued, and the local law enforcement agencies should have the full support of the county.

Commissioners directed staff to begin meetings with the cities of Clewiston and LaBelle in regards to the issue, although the specific terms of the curfew were not discussed.

On March 10, Mark Lapp, county attorney, presented commissioners with terms that the commissioners could consider.

Among them:

-- The curfew applies to persons under the age of 16.

-- Prohibits minors from being out between 11 p.m. and 5 a.m. on weeknights.

-- Prohibits minors from being between 12:01 a.m. and 6 a.m. on weekends.

-- First violation results in a written warning; subsequent violations result in a $50 fine.

-- Minors not complying will be taken into custody and parents will be required to pick them up. If they aren’t located within two hours, officers may take steps under the child abuse statute, or transport them to their residences.

-- The county has the option of adopting an ordinance that is stricter, or more lax than the state law.

Exceptions to the hours of the curfew are made for special circumstances, including being accompanied by a parent or another adult authorized by the parents; emergencies; returning from a school-sponsored function, religious function or civic organization function, among other things. Exercising one’s First Amendment rights is also considered an exception.

During the course of the discussion, Sheriff Steve Whidden also asked the commission to think about loitering laws that could empower deputies to keep individuals off street corners in high crime areas.

Interestingly, the county attorney explained that loitering laws currently exist, but are limited in their power. Deputies must have proof that there is an immediate concern for the safety of others, he said.

"The mere suspicion of future conduct is insufficient," Mark Lapp said. "Standing late at night in a high-crime area does not, without more, amount to the crime of loitering."

The item was held back while staff and the attorney review the definite terms of the possible ordinance. Commissioners are expected to vote on the measure during a future meeting.