§ 634.04  CURFEW.
   (A)   Responsibility of minors.
      (1)   No minor under the age of 18 years shall loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 11:00 p.m. and 5:00 a.m. of the following day; provided, however, that, the provisions of this section do not apply to a minor accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or where satisfactory evidence is presented that 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.
      (2)   Any minor violating the provisions of this section shall be dealt with in accordance with Juvenile Court law and procedure.
      (3)   It is an exemption to a violation under this section that the person engaged in the prohibited conduct while:
         (a)   Accompanied by the minor’s parent or guardian;
         (b)   On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
         (c)   In a motor vehicle involved in interstate travel;
         (d)   Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
         (e)   Involved in an emergency;
         (f)   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;
         (g)   Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
         (h)   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
         (i)   Married or had been married or had disabilities of minority removed in accordance with state law.
   (B)   Responsibility of parents. No parent, guardian or other adult person having the care and custody of a minor under the age of 18 years shall knowingly permit such minor to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 11:00 p. m. and 5:00 a. m. of the following day; provided, however, that, the provisions of this section do not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or where satisfactory evidence is presented that 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.
   (C)   Penalty. Whoever violates division (B) above is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 139-1955, passed 9-6-1955)