(A) Sixteen And Seventeen Year Olds: It shall be unlawful for any person sixteen (16) or seventeen (17) years of age to be present at or upon any public assembly, building, place, street or highway or other public place or way between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. on Sunday through Thursday inclusive, and between twelve o'clock (12:00) midnight and six o'clock (6:00) A.M. on Friday and Saturday.
(B) Thirteen, Fourteen And Fifteen Year Olds: It shall be unlawful for any person thirteen (13), fourteen (14), or fifteen (15) years of age to be present at or upon any public assembly, building, place, street or highway or other public place or way between nine o'clock (9:00) P.M. and six o'clock (6:00) A.M. on Sunday through Thursday inclusive, and between eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M. on Friday and Saturday.
(C) Age Twelve And Under: It shall be unlawful for any person twelve (12) years of age or under to be present at or upon any public assembly, building, place, street or highway or other public place or way between eight o'clock (8:00) P.M. and six o'clock (6:00) A.M. on Sunday through Thursday inclusive, and between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. on Friday and Saturday.
(D) Exceptions/Defenses: It is a defense to prosecution under this section that the minor was:
1. Accompanied by the minor's parent or guardian or other person in custody or control of the minor;
2. On an errand at the direction of the minor's parent or guardian, without any detour or stop;
3. In a motor vehicle involved in interstate travel;
4. Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;
5. Involved in an emergency;
6. 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;
7. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, 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 a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor;
8. 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
9. Married or had been married or is an emancipated minor under the emancipation of minors act.
(E) Issuance Of Citation; Duty Of Police Officer: A citation for violation of subsection (A), (B) or (C) of this section may be issued by a police officer only if the officer reasonably believes that a violation has occurred and none of the defenses enumerated in subsection (D) of this section apply.
(F) Parental Responsibility: It is unlawful for a parent, legal guardian, custodian, or other person to knowingly permit a person in their custody or control to violate the provisions of subsection (A), (B) or (C) of this section. It shall be a rebuttable presumption that a person has violated this section if someone under seventeen (17) years of age of whom such person has custody or control is present upon any public assembly, building, business, street or highway or other public place or public way in violation of subsection (A), (B) or (C) of this section, and none of the defenses enumerated in subsection (D) of this section apply. (Ord. 1173, 2-11-2013)