630.03 CURFEW.

   (a)   No minor under the age of eighteen years shall be in, upon or about any place used by or open to the public, including public rights-of-way, streets, alleys, highways, sidewalks, public grounds, parks, business establishments open to the public, or other similar locations, or be in or upon a motor vehicle thereon, within the Municipality, between the hours of 11:00 p.m. and 6:00 a.m. of the immediately succeeding morning based upon such time standard as is then in effect within the Municipality. Such curfew hours shall be in effect daily except Friday and Saturday when such curfew hours shall be from 12:00 midnight of such days to 6:00 a.m. the immediate following morning.

   (b)   The provisions of subsection (a) shall not apply (1) to any minor accompanied by his or her parents, guardian, other adult person having the legal care and custody of the minor who is otherwise a responsible adult person, (2) when the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor or (3) where the minor is going to or from employment.

   (c)   No minor, parent, guardian or legal custodian shall fail to furnish and Municipal police officer with proof or verification of a minor’s age upon request to do so. Such police officer may detain such minor or other person until such proof or verification of age can reasonably be ascertained.

   (d)   Whenever any police officer charged with the duty of enforcing the laws of the State and this Municipality discovers of has called to his attention any minor found within the Municipality contrary to the terms of this section, he shall detain such minor and cause immediate personal notice thereof to be given to the parent or guardian of such minor and shall discharge such minor only to such parent, guardian or other person having legal control or custody of such child.

   (e)   No parent, guardian or other person having legal control or custody of a minor shall knowingly permit such minor to violate any of the provisions of this section.

   (f)   Whoever, being a minor under the age of eighteen years, violates any of the provisions of this section shall be guilty of committing a curfew violation, and shall be referred to the Juvenile Court of Portage County for disposition under the laws in such cases made and provided.

   (g)   Whoever violates subsection (e) hereof is guilty of a minor misdemeanor. Whoever is found to have violated subsection (e) on more than one occasion will be guilty of a misdemeanor in the fourth degree. Punishment shall be as provided in Section 698.02.

   (h)   The Aurora Police Department shall devise and institute a procedure to monitor and evaluate the effectiveness and desirability of the juvenile curfew, and prepare a detailed report for annual submissions to City Council.

   (i)   If any section, subsection, sentence, clause, phrase or portion of the provisions of this section is for any reason declared by any court of competent jurisdiction to be invalid or unconstitutional, such section, subsection, sentence, clause, phrase or portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining provisions of this section.
(Ord. 2000-42. Passed 2-14-00.)