(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"MINOR." Any person under the age of eighteen (18).
"PARENT." Any person having legal custody of a minor:
(1) As a natural or adoptive parent; or
(2) As a legal guardian; or
(3) As a person who stands "in place of parents"; or,
(4) As a person to whom legal custody had been given by Order of Court, or by another person(s) entity with the authority to grant or transfer legal custody.
As used herein, "CITY OF BARDSTOWN, KENTUCKY," or "CITY", shall include those areas located inside of the limits of said city.
"REMAIN." To stay behind, to tarry, or to stay unnecessarily at, upon or in any public assembly, building, place, street or highway.
"ALLOW." To either permit or neglect to prevent with actual or constructive knowledge. Knowledge will be presumed if the circumstances be such that a reasonably prudent parent should have known the child was violating this section.
(B) (1) It shall be unlawful for any person under the age of eighteen (18) to be or remain at, in or upon any public assembly, building, place, street, or highway within the city at night during the following periods:
1:00 a.m. to 6:00 a.m. Saturday
1:00 a.m. to 6:00 a.m. Sunday
11:00 p.m. Sunday to 6:00 a.m. Monday
11:00 p.m. Monday to 6:00 a.m. Tuesday
11:00 p.m. Tuesday to 6:00 a.m. Wednesday
11:00 p.m. Wednesday to 6:00 a.m. Thursday
11:00 p.m. Thursday to 6:00 a.m. Friday
(2) It shall be unlawful for any parent of a minor to allow such minor to be or remain at, in or upon a public assembly, building, place, street, or highway in the city under circumstances not constituting an exception as enumerated in subsection (C) during the time periods contained in subsection (1) of this paragraph (B).
(C) In the following exception cases a minor found at, in or upon any public assembly, building, place, street, or highway in the city during the nocturnal hours provided for in subsection (B) shall not be considered in violation of this section:
(1) When the minor is accompanied by a parent.
(2) When the minor is accompanied by an adult who has been authorized by a parent of such minor.
(3) When 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 provided that written notice signed by the minor and countersigned by a parent is in the possession of such minor specifying when, where and in what manner said minor will be exercising such First Amendment rights.
(4) In case of reasonable necessity but only after such minor’s parent has communicated to the Police Department in writing the facts establishing such reasonable necessity; if, in the judgement of the highest ranking police officer available at the time of a suspected violation of this ordinance, reasonable necessity is not established, a violation will be determined to have occurred.
(5) When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next-door neighbor who has not communicated an objection to a police officer or the police department.
(6) When returning home, by a direct route from, and within one hour of the termination of, a school activity, or any activity of a religious or other voluntary association, provided that justification indicating the place and time of termination of said event can be given to and verified by any investigating officer of the police department.
(7) When engaged in a business or occupation which the laws of Kentucky authorize a person under 18 years of age to perform.
(8) When the minor is, with parental consent, in a motor vehicle with a lawfully authorized driver.
(D) (1) A police officer upon finding or being notified of any minor at, in or upon any public assembly, building, place, street, or highway whose parent is believed to be in violation of this Ordinance may stop and question such minor and request such information as his or her name and age and the name and address of his or her parent, guardian, or person having legal custody.
(2) If the police officer determines or has reasonable cause to believe that a curfew violation has occurred, the police officer may obtain from the minor the information necessary to issue a citation to the minor’s parent, and then either take the minor home or direct the minor to proceed immediately to his home.
(Ord. 581, passed 4-25-95; Am. Ord. B2012-06, passed 2-22-12)