(a) No child, unless accompanied by a parent, guardian or another adult approved by a parent or guardian, shall enter into or remain on any street, sidewalk, or other public place, either on foot or any type of vehicle, during the following hours:
(1) A child under the age of 16 between 11:00 p.m. and 6:00 a.m.;
(2) A child the age of 16 or 17, between 1:00 a.m. and 6:00 a.m.
(b) A child who violates division (a) of this section shall be deemed unruly, neglected, dependent and/or a child without proper parental care and shall be subject to the jurisdiction of Juvenile Court.
(c) It shall be an affirmative defense to prosecution under division (a) of this section that the minor child was in attendance or traveling to or from a school, religious, or civic function; or traveling to or from employment, or otherwise engaged in the course of their employment; or responding to a medical or other emergency.
(d) No parent, guardian or other adult person having the care and/or control of a child with the consent of the child's parent, guardian or court order shall negligently permit or allow the child to violate division (a) of this section.
(e) It shall be an affirmative defense to prosecution under division (a) of this section that the parent, guardian or other adult person having the care and/or control of a child with the consent of the child's parent, guardian or court order, immediately reported to the police the child's refusal or failure to comply with division (a) of this section.
(f) No person operating or in charge of any amusement, entertainment, or refreshment or any other place of business, shall allow any child to enter, remain in or at, that place in violation of division (a) of this section.
(g) It is an affirmative defense to a violation of division (f) of this section that the person operating or in charge of the place of amusement, entertainment or refreshment, or any other place of business where the child was present, immediately reported to the police the child's presence there.
(h) Any person who violates division (d) or (f) of this section shall be guilty of a misdemeanor of the fourth degree upon conviction of a first offense, and shall be guilty of a misdemeanor of the second degree upon a conviction of a second or subsequent offense. In addition to any other method of enforcement, this offense may be enforced by the issuance of a citation per Criminal Rule 4.1.
(Ord. 2001-18. Passed 8-15-01.)