(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS. Means:
(a) 10:30 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day;
(b) 11:30 p.m. on any Friday or Saturday and until 6:00 a.m. of the following day; and
(c) During regular school hours on school days when school is in session.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT. Any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
GUARDIAN. Means:
(a) A person who, under court order, is the
GUARDIAN of the person of a minor; or
(b) A public or private agency with whom a minor has been placed by a court.
MINOR. Any person under 18 years of age.
OPERATOR. Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT. A person who is:
(a) A natural parent, adoptive parent or stepparent of another person; or
(b) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways and the common area of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
REMAIN.
(a) To linger or stay; or
(b) To fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.
SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss of impairment of the function of any bodily member or organ.
(B) Offenses.
(1) A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the city during curfew hours.
(2) A parent or guardian of a minor commits an offense if he or she knowingly permits or by insufficient control allows the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(3) The owner, operator or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
(C) Defenses.
(1) It is a defense to prosecution under division (B) that the minor was:
(a) Accompanied by the minor’s parent or guardian;
(b) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(c) In a motor vehicle involved in interstate travel;
(d) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(e) Involved in an emergency;
(f) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, 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 the city, a civic organization, or another similar entity that takes responsibility for the minor;
(g) 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
(h) Married or had been married or is an emancipated minor under the Emancipation of Mature Minors Act, as amended.
(2) It is a defense to prosecution under division (B)(3) of this section that the owner, operator or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(D) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred, and that based on any response and other circumstances, no defense in division (C) is present.
(1) A police officer or school attendance officer, at his or her discretion based upon the need to respond to emergency or priority calls and other relevant factors, may transport any child found violating these provisions to the child’s residence and may release the child into the care of a parent or guardian, to the school the child usually attends, or to any location designated by the school authorities as a receiving center for the children.
(2) No child that has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to these provisions.
(1999 Code, § 660.05) (Ord. 04-28, passed 7-13-2004; Ord. 07-22, passed 4-24-2007)