(A) It is unlawful for any person 14 years of age and under 18 years of age to remain upon, go or be upon any public street, alley or other public place of the city between 10:00 p.m. and 5:30 a.m. on Sunday, Monday, Tuesday, Wednesday and Thursday, and between the hours of 12:00 a.m. and 5:30 a.m. on Friday and Saturday, unless that person is accompanied by a parent, guardian or some other person above the age of 18 years having legal custody of the minor or is en route directly home from the minor's place of employment or an authorized function sponsored by a church, educational institution, civic or social organization or any other legal activity whether it be conducted on private, commercial or public property.
(B) It is unlawful for any person under the age of 14 years to remain upon, go or be upon any public street, alley or other public place of the city between 10:00 p.m. and 5:30 a.m. on any day, unless that person is accompanied by a parent, guardian or some other person above the age of 18 years having legal custody of the minor or is en route directly home from a minor's place of employment or an authorized function sponsored by a church, educational institution, civic or social organization or any other legal activity whether it be conducted on private, commercial or public property.
(C) It is unlawful for any parent, guardian or other person above the age of 18 years having legal custody of the minor to allow or permit such minor to remain upon, go or be upon any public street, alley or other public place of the city between the hours set forth in this section unless accompanied by that parent, guardian or other person having legal custody of the minor or is en route directly home from the minor's place of employment or an authorized function sponsored by a church, educational institution, civic or social organization or any other legal activity whether it be conducted on private, commercial or public property.
(D) The provisions of this section shall not apply when the minor child is upon an emergency errand directed by his or her parent, guardian or other person having legal custody of the minor.
(E) All parents, guardians or other persons above the age of 18 years having legal custody of any minor child have an affirmative duty to prevent the minor child from remaining upon, going or being upon any public street, alley or other public place of the city between the hours set forth in this section unless accompanied by such parent, guardian or other person having legal custody of the minor, unless the minor is en route directly home from the minor's place of employment or an authorized function sponsored by a church, educational institution, civic or social organization or any other legal activity whether it be conducted on private, commercial or public property.
(F) Any peace officer having jurisdiction within the city may detain any such minor for the limited purpose of immediately notifying the parent, guardian or other person having legal custody of the minor that they have been detained for violation of the provisions of this section.
(G) Any person under the age of 18 years who is convicted of a violation of this section shall be guilty of a misdemeanor punishable pursuant to Vol. I, § 1-1-11(A). The court may additionally require such persons to perform community service or successfully complete counseling or other education programs as a condition of sentence.
(H) Any person over the age of 18 years who is convicted of a violation of this section shall be guilty of a misdemeanor punishable pursuant to Vol. I, § 1-1-11(A). The court may additionally require such persons to be placed on probation, perform community service, to successfully complete counseling or other educational programs, and order restitution for the costs of prosecution and court costs as a condition of sentence.
(I) This section does not apply to a minor who is:
(1) In a motor vehicle involved in interstate travel;
(2) Involved in an emergency;
(3) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
(4) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(5) Married or had been married or had disabilities of minority removed in accordance with state law.
(Prior Code, § 10-1-11) Penalty, see Vol. I, § 1-1-11