(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
MINOR. Any person under the age of 18, but shall not include any person who is legally emancipated or certified as an adult.
PARENT. Any person having legal custody of a minor:
(a) As a natural or adoptive parent;
(b) As a legal guardian;
(c) As a person who stands in loco parentis; or
(d) As a person to whom legal custody has been given by order of the court.
PUBLIC PLACE. Any street, alley, highway, sidewalk, park, playground, or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A PUBLIC PLACE shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center, and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above. It shall also include the front or immediate area adjacent to the above.
(B) Hours. It is unlawful for any minor to remain, loiter, wander, stroll, or play in any public place on foot or to cruise about without a set destination in or on any motorized or nonmotorized vehicle in, about, or upon any public place in the city at night during the period ending 5:00 a.m. and beginning:
(1) At 10:30 p.m. for minors under 16 years of age;
(2) At 10:30 p.m. on Sunday through Thursday for minors 16 years of age or older; provided, from the day the city school system dismisses for summer vacation each year, until the day prior to school beginning for the fall semester in the school system, at 12:00 midnight on Sunday through Thursday for minors 16 years of age or older; and
(3) At 12:30 a.m. on Saturday morning and Sunday morning for minors 16 years of age or older.
(C) Exceptions. The following shall constitute valid exceptions to subsection (B) above of this section:
(1) At any time the minor is accompanied by a parent or other adult person having custody and control of such minor;
(2) The minor is on an emergency errand as directed by his or her parent or other adult person having custody and control of such minor;
(3) If the minor is legally employed, for the period from one-half hour before to one-half hour after work, while traveling the most direct route between his or her home and place of employment. This exception shall also apply if the minor is in a public place during curfew hours in the course of his or her employment. To qualify for this exception, the minor shall possess a written, notarized statement from the employer attesting to the place and hours of employment, which shall be displayed upon request by a police officer;
(4) Until the hour of 12:30 a.m. on any day of the week if the minor is on the property of or the sidewalk where such minor resides, or on the sidewalk of adjacent neighbor, not communicating an objection;
(5) If the minor is returning directly home from a school activity or an activity of a religious or other voluntary association, or a place of public entertainment such as a movie, play, or school related event, or sporting event. This exception shall apply for one-half hour after completion of such event;
(6) If the minor is exercising First Amendment rights protected by the Constitution, such as the free exercise of religion, speech, or assembly, provided the minor first has given notice to the Chief of Police by delivering a written communication signed by the minor and counter signed by the parent of the minor which specifies when, where, in what manner, and for what First Amendment purpose the minor will be on the streets during the curfew period;
(7) Upon being petitioned, the City Council or the Chief of Police may authorize by regulation a relaxation of the curfew where reasonably necessary and when determined to be consistent with the public interest and the purposes of this section; and
(8) Whenever the minor is engaged in interstate or intrastate vehicular travel with consent of parent. This contemplates normal travel and clearly exempts bonafide interstate and intrastate movement through the city.
(D) Violations.
(1) A police officer who has probable cause to believe that a minor is in violation of this section shall take such minor into custody. The minor’s parent or other adult person having custody and control of the minor shall be immediately notified. The minor shall be released into the custody of his or her parent, or adult having custody and control of such minor, at which time, said parent or adult custodian shall be given a copy of this section, the notice provided hereinafter in subsection (D)(2) below of this section, and shall be required to sign a promise to reappear form. If no such parent or adult custodian takes custody of the minor, he or she may be referred to attendant care services pursuant to state law, released to a responsible adult or other relative, or such other actions as the officer deems necessary. If attendant care services are used, any associated fees shall be the responsibility of the parent or adult having custody and control of said minor.
(2) In the case of two or more violations of this section by a minor, the minor shall be referred to juvenile authorities. Additionally, the police shall send the minor’s parent or adult custodian written notice of the violation, by certified mail, return receipt requested, or by serving such notice personally on such person, warning them that further violations may result in the filing of a charge against such parent or adult custodian for violation of subsection (D)(3) below of this section.
(3) No parent or other adult having custody and control of a minor shall knowingly permit or, through lack of proper parental supervision, allow such minor to violate the provisions of subsection (B) above of this section. In any prosecution for the violation of the provisions of this section, proof that the minor violated subsection (B) above of this section, together with proof that the parent or other adult having custody and control of such minor was given written notice of a previous violation of subsection (B) above of this section as provided by subsection (D)(2) above of this section, shall constitute in evidence a prima facie presumption that the parent or adult having custody and control of such minor permitted such minor to violate subsection (B) above of this section and shall be guilty of a misdemeanor offense.
(E) Penalty. If, after notice pursuant to subsection (D) above of this section of a first violation by a minor, a parent, or other custodian, violates said section (by a second or subsequent violation), the parent or other adult having custody and control of a minor shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $70 for the first offense and/or community service; second and subsequent offense shall be punished by a fine not exceeding $100 and/or community service.
(Prior Code, § 32-107) (Ord. 2001-838, passed 5-7-2001)