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§ 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)
§ 55.004 ENFORCEMENT OF CURFEW FOR MINORS
   (A)   A police officer upon finding or being notified of any minor in or upon any place of public assembly, building, place, street, sidewalk, or highway, whose parent is believed to be in violation of this section, may stop and question such minor and request such information as his or her name, age, and the name and address of his or her parent, guardian, or person having legal custody.
   (B)   (1)   If the police officer determines or has reasonable cause to believe that a curfew violation has occurred, the police officer may obtain from the minor information necessary to contact the minor's parent, guardian, or other adult having legal custody and then take the following action.
      (2)   For first time violations the officer will take custody of the minor and contact the parent. Following contact the officer will make arrangements for the safe return of the minor. The officer will issue a written warning informing the parent of the curfew violation and provide them with a copy of the curfew ordinance. If the officer is unable to make contact with the parent the officer may release the minor to another adult who is willing to take responsibly for the minor. In either case the officer will insure the parent is provided written notice of the violation and a copy of the ordinance.
(Ord. No. 01-08, 2-19-08)
§ 55.005 ENFORCEMENT AND PENALTY
   (A)   For second or subsequent violations the officer shall take custody of the minor and make contact with the parent, guardian, or person having legal custody. The officer shall make arrangements for the safe return of the minor to the parent, guardian, or person having legal custody, and issue a citation to the parent, guardian, or person having legal custody, with a court date in Madison District Court.
   (B)   Any parent, guardian, or person having legal custody allowing a minor to violate the provisions of § 55.002 for a second time shall be subject to a fine of one hundred dollars ($100.00), which fine may be prepayable if the responsible party waives a court appearance and pays the fine.
   (C)   Any parent, guardian, or person having legal custody allowing a minor to violate this chapter for a third or subsequent time shall be subject to a fine of no more than five hundred ($500.00), or imprisonment for a period not to exceed six (6) months, or both.
   (D)   Nothing in this chapter shall preclude the officer from pursuing charges against the parent, guardian, or person having legal custody, for additional violations of law.
(Ord. No. 01-08, 2-19-08)