CHAPTER 55: JUVENILE CURFEW
   55.001   Purpose
   55.002   Curfew for minors established; exceptions
   55.003   Definitions
   55.004   Enforcement of curfew for minors
   55.005   Enforcement and penalty
§ 55.001 PURPOSE
   This chapter is enacted to protect, preserve, and promote the health, safety, and welfare of the citizens of Berea through the reduction, control, and preventing of loud and raucous noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity.
(Ord. No. 01-08, 2-19-08)
§ 55.002 CURFEW FOR MINORS ESTABLISHED; EXCEPTIONS
   (A)   (1)   It shall be unlawful for any person under the age of eighteen (18) to be or remain in or upon any public assembly, building, place, street, or highway within the city at night during the following periods:
         (a)   1:00 a.m. to 6:00 a.m. Saturday;
         (b)   1:00 a.m. to 6:00 a.m. Sunday;
         (c)   11:00 p.m. Sunday to 6:00 a.m. Monday;
         (d)   11:00 p.m. Monday to 6:00 a.m. Tuesday;
         (e)   11:00 p.m. Tuesday to 6:00 a.m. Wednesday;
         (f)   11:00 p.m. Wednesday to 6:00 a.m. Thursday;
         (g)   11:00 p.m. Thursday to 6:00 a.m. Friday.
      (2)   It shall be unlawful for any parent or guardian having legal custody of a minor to allow such minor to be or remain in or upon a public assembly, building, place, street, or highway in the city under circumstances not constituting an exception as enumerated in subsection (B) below during the time periods contained in subsection (1) of this paragraph (A).
   (B)   In the following exceptional cases a minor in or upon any public assembly, building, place, street, or highway in the city during the nocturnal hours provided for in subsection (A) shall not be considered in violation of this section:
      (1)   When the minor is accompanied by a parent or guardian;
      (2)   When accompanied by an adult authorized by a parent or guardian of such minor;
      (3)   When 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, provided that written notice signed by the minor and countersigned by a parent is in the possession of such minor specifying when, where, and in what manner said minor will be exercising such First Amendment rights;
      (4)   In case of reasonable necessity but only after such minor's parent has communicated to the Police Department the facts establishing such reasonable necessity;
      (5)   When the minor is on 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;
      (6)   When returning home, by a direct route from, and within one (1) hour of the termination of, a school activity, or any activity of a religious or other voluntary association, provided that justification indicating the place and time of termination of said event can be given to any investigating officer of the Police Department;
      (7)   When engaged in a business or occupation which the laws of Kentucky authorize a person under eighteen (18) years of age to perform;
      (8)   When the minor is, with parental consent, in a motor vehicle with a lawfully authorized driver.
(Ord. No. 01-08, 2-19-08)
§ 55.003 DEFINITIONS
   For the purposes of the curfew for minors, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   "ALLOW." Either permit or neglect to prevent. It requires actual or constructive knowledge on the part of the parent or guardian, that is, the parent or guardian must actually know about the child violating this section, or the circumstances must be such that a reasonably prudent parent or guardian should have known the child was violating this section.
   "MINOR." Any person under the age of eighteen (18) years, or, as may be otherwise phrased, any persons of the age of seventeen (17) years or under.
   "PARENT." Any persons having legal custody of a minor:
      (1)   As a natural or adoptive parent;
      (2)   As a legal guardian;
      (3)   Or as a person whom legal custody has been given by Order of Court.
   "REMAIN." To stay behind, to tarry, or to stay unnecessarily upon or in any public assembly, building, place, street, or highway.
(Ord. No. 01-08, 2-19-08)
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