(a) Purpose. The purpose of this section is to serve the following important and compelling governmental interests:
(1) Promote the general welfare and protect the general public through the reduction of juvenile crime within the City;
(2) Promote the safety and well-being of the City’s youngest citizens, those persons under the age of sixteen, whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, and to being victimized by older perpetrators of crime; and
(3) Foster and strengthen parental responsibility for children.
(4) Complement school attendance laws and reduce child truancy.
(b) Nighttime Curfew.
(1) No child shall be in, on or about any public place or establishment in the City between the hours of 10:00 p.m. to 6:00 a.m. of the following day, except that on Friday and Saturday nights the prohibition for a child fifteen years of age shall be between the hours of 11:00 p.m. to 6:00 a.m. of the following day.
(2) The provisions of paragraph (b)(1) hereof do not apply in any of the following circumstances:
A. The child is accompanied by his or her parent or guardian.
B. Where the child is involved in an emergency.
C. The child is upon an errand directed by his or her parent or guardian.
D. When the child is going directly to, attending or returning directly from a religious, municipal, school sponsored activity or event or a similar type of organized civic activity or event.
E. The child is engaged in, or going directly to or returning directly from his or her place of lawful employment.
F. The child is exercising First Amendment rights as protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right to assembly with the permission of his or her parent or guardian.
G. While the child is in a motor vehicle engaged in either interstate or intra-state travel with the permission of his or her parent or guardian, beginning, ending or through the City.
(c) Daytime Curfew During School Hours.
(1) No child who is subject to compulsory education under any applicable state statute, shall be in, on or about any public place or establishment in the City, between the hours of 7:30 a.m. to 2:30 p.m. of the same day, or other hours as designated by the respective public school or non-public school that the child is, or would be, required to attend under state law, on days when the child's school is in session.
(2) The provisions of subsection (c)(1) do not apply in any of the following circumstances:
A. The child is accompanied by a parent or legal guardian.
B. The child is involved in an emergency.
C. The child is upon an errand directed by a parent, legal guardian or other authorized adult person having the care or custody of the child.
D. The child is going directly to, attending, or returning directly from a religious, municipal, school sponsored activity or event or a similar type of organized civic activity or event.
E. The child is engaged in, or going directly to or returning directly from his or her place of lawful employment.
F. The child is exercising First Amendment rights as protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right to assembly with the permission of his or her parent or guardian.
G. While the child is in a motor vehicle engaged in either interstate or intra-state travel with the permission of his or her parent or guardian, beginning, ending or through the City.
H. The child is going directly to, attending or returning directly from a medical, dental, or optical appointment.
I. The child is permitted to leave his or her school's campus and the child has in his or her possession a valid, school-issued, off-campus permit.
J. The child is being schooled at the child's home, or other selected venue, by his or her parent or legal guardian in an educational program as required or permitted by state law.
(d) Enforcement.
(1) Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in a public place or establishment. The officer shall not issue an appearance ticket or make an arrest unless the officer reasonably believes and has probable cause that a violation of this section has occurred and that, based on any response from the child and other circumstances known to the officer that no exception is present.
(2) A child placed under arrest by a police officer for a violation of subsection (c) hereof, shall as soon as practicable: be released to his or her parent or guardian; or be placed in a temporary care facility until released to his or her parent or guardian. A child waiting in a temporary care facility shall not be handcuffed or otherwise secured except for the safety of the child or others.
(Ord. 22-95. Passed 7-18-95; Ord. 20-04. Passed 10-5-04; Ord. 17-05. Passed 8-16-05; Ord. 19-06. Passed 9-5-06.)