(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS. Any privately owned or operated retail establishment, including but not limited to service stations, restaurants and places of a similar nature and any place of amusement or entertainment to which the public or certain members thereof are invited.
DRIVE OR RIDE AIMLESSLY. To drive or ride on a motor vehicle, motorcycle or bicycle in a circuitous route or to retrace the same route.
LOITER. To idle, loaf, linger or to wander or stroll aimlessly.
MINOR. Any person under the age of 18 years.
OPERATOR. Any individual, firm, association, partnership or corporation operating or commencing any business, and as applied to associations or partnerships includes the members or partners thereof, and as applied to corporations includes the officers thereof.
PARENT. Any natural parent, guardian or any adult person over 18 years of age responsible for the care and custody of a minor.
PUBLIC PLACE. Any public street, highway, road, alley, park, playground, public building or vacant lot or privately owned property permitted to be used by the public or certain members thereof.
(B) Restrictions on minors.
(1) No minor shall loiter in or about any business or public place between 10:00 p.m. and 6:00 a.m. of the following day, except on Friday and Saturday the hours shall be between 11:00 p.m. and 6:00 a.m. of the following day.
(2) No minor shall drive or ride aimlessly in a motor vehicle, motorcycle or bicycle between 10:00 p.m. and 6:00 a.m. of the following day, except that on Friday and Saturday the hours shall be between 11:00 p.m. and 6:00 a.m. of the following day.
(C) Exceptions. This section does not apply to a child who is:
(1) Accompanied by his or her parent, guardian or custodian;
(2) Accompanied by an adult specified by his or her parent, guardian or custodian;
(3) Carrying out an errand or other lawful activity as directed by his or her parent, guardian or custodian;
(4) Occupying 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; or
(5) Participating in, going to or returning from:
(a) Lawful employment;
(b) A lawful athletic, educational, entertainment, religious or social event; or
(c) Interstate travel.
(D) Parental responsibility. No parent shall knowingly permit a minor in his or her charge to loiter in or about any business or public place or to drive or ride aimlessly between 10:00 p.m. and 6:00 a.m. of the following day, except on Friday and Saturday the hours shall be between 11:00 p.m. and 6:00 a.m. of the following day.
(E) Responsibility of business operators. No operator of a business or his or her agent or employee shall knowingly permit any person under the age of 18 to remain upon the premises of such business between the hours of 10:00 p.m. and 6:00 a.m. of the following day, except that on Friday and Saturday the hours shall be between 11:00 pm. and 6:00 a.m. of the following day. It is a defense to prosecution under this division (E) that the owner, operator, agent or employee of a business promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(F) Police procedure.
(1) Any police officer who finds a minor in violation of provisions of this section shall obtain from the minor his or her name, address and age, the names of his or her parents and other information that the officer deems pertinent to the incident.
(2) The minor shall thereupon be instructed to proceed to his or her home forthwith. If in the officer’s opinion the minor will not obey these instructions by the officer, the minor shall be taken to police headquarters and his or her parents called to come to the office and take possession of the minor. A written notice shall be mailed by the Police Department to the parents of the minor advising them of the violation of this section.
(G) Penalty.
(1) Each violation of the provisions of this section shall constitute a separate offense.
(2) Any parent, who after having received at least one written notice of the violation of this section by a minor violates division (D) hereof, is guilty of a minor misdemeanor.
(3) Any operator of a business or agent or employee thereof who violates division (E) hereof is guilty of a minor misdemeanor.
(1997 Code, § 132.14)