(a) No person having the control and custody of or being the parent or guardian of a minor shall knowingly permit such minor to be in or on a public place or way; to travel, loiter or play upon the streets or unenclosed private lands, whether inside or outside a vehicle; or to be in or upon places of public amusement or entertainment, during the times specified for the respective ages below:
(1) Minors under fifteen years of age, between the hours of 9:00 p.m. and 5:00 a.m. of the following day during the months of June through August, inclusive, and between the hours of 8:00 p.m. and 5:00 a.m. of the following day during the months of September to May, inclusive.
(2) Minors fifteen, sixteen or seventeen years of age, between the hours of 11:00 p.m. and 5:00 a.m. during the months of June through August, inclusive, and between the hours of 10:00 p.m. and 5:00 a.m. of the following day during the months of September to May, inclusive.
The hours referred to herein shall refer to the then-prevailing official City time, whether it be Eastern Standard Time or Eastern Daylight Savings Time.
(b) This section shall not apply to minors accompanied by the parent, guardian or custodian, or some other person eighteen years of age or older who has been given responsibility for such minor's control and custody by the person legally responsible for the discipline of the minor.
(c) It is an affirmative defense to an alleged violation of this section that the minor alleged to be in violation was on an emergency errand as directed by the parent, guardian or custodian, that the emergency in question presented actual risk to the health or safety of persons or property, and that no responsible adult was available to go on the errand in the minor’s place.
(d) It is an affirmative defense to an alleged violation of this section that the minor was in attendance at a function primarily held for minors by a school, church, lodge or other similar bona fide organization which regularly sponsors sporting events or social gatherings for minors, that the minor was en route to his or her dwelling, and that the time of the alleged violation is within one-half hour after such function is ended.
(e) Any person under the age of eighteen years who violates any provision of the above curfew shall be subject to being charged as being an unruly child and taken before the Juvenile Court of Ashtabula County as provided in Ohio R.C. Chapter 2151.
(f) Any adult parent, guardian or custodian who violates this section shall be guilty of a minor misdemeanor on a first offense, and of a fourth degree misdemeanor upon a second conviction of a violation of this section within one (1) year of a prior or predicate conviction.
(Ord. 2013-51. Passed 4-1-13.)