§ 130.06 EXCEPTIONS.

   (A)   In the following exceptional cases, a minor shall not be considered in violation of this chapter:

      (1)   When accompanied by a parent of such minor;

      (2)   When going to or returning home from such minor’s place of gainful employment; provided, that such minor uses a direct route and proceeds with reasonable diligence;

      (3)   When going to or returning home from attendance at a school of instruction, a function sponsored by a religious or civic organization, or a school athletic event; provided that such minor uses a direct route and proceeds with reasonable diligence;

      (4)   When an emergency arises making it a reasonably necessity that a minor be on or in the borough streets, alleys, parks or other public places; provided that the minor shall have in his or her possession a note signed by such minor’s parent stating the nature of the emergency, the place to which the minor is to go, the time and date such note was issued and the time required therefor or such minor’s parent shall have communicated in advance to the borough police station personnel fact establishing such emergency, the place to which the minor is to go, and the time required therefor;

      (5)   When authorized by special permit from the Mayor, carried on the person of the minor thus authorized, as follows: when reasonably necessary nighttime activities of a minor may be inadequately provided for by other provisions of this chapter, recourse may be had to the Mayor for a special permit. Upon the Mayor’s finding of reasonable necessity, the Mayor may grant a permit in writing for the use by such minor of such streets or other public places at such hours as in the Mayor’s opinion may reasonably be necessary; or

      (6)   When authorized, by regulation issued by the Mayor, in other similar cases of reasonable necessity, adopted to necessary nighttime activities of more minors than can readily be dealt with on an individual special permit basis. Such regulation shall define the activity, the scope of the use of streets or other public places permitted, the period of time involved, and a statement that the regulation is reasonably necessary and is consistent with the purposes of the this chapter.

   (B)   Each of the foregoing exceptions shall constitute a defense to a prosecution under §§ 130.04 and 130.05; provided, however, that the burden of proof shall be on the person or persons claiming such exception.

(Prior Code, Ch. 6, Pt. 1, § 106) (Ord. 2-86, passed 7-7-1986)