(A) Hour of curfew; presence of minors on streets; unlawful. No minor under the age of 17 years shall loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 10:00 p.m. and 7:00 a.m. of the following day, official city time.
(B) Exemptions. This section does not apply to a minor who is:
(1) Accompanied by the minor's parent or guardian;
(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 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;
(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 had disabilities of minority removed in accordance with state law.
(C) Responsibility of parent, guardian; penalty. No parent, guardian or other adult person having the care and custody of a minor under the age of 17 years shall permit the minor to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 10:00 p.m. and 7:00 a.m. of the following day, official city time; provided, however, that the provisions of this section do not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, unless the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor. Every parent, guardian or adult who is convicted of a violation of this section shall be punished by imprisonment for not more than 90 days or by a fine of not less than $5 nor more than $500 or by both the fine and imprisonment in the discretion of the court. Each violation of the provisions of this section shall constitute a separate offense.
(D) Short title. This section shall hereafter be referred to by the short title, The Birch Run Curfew Ordinance.
(1992 Code, §§ 53.001 - 53.003) (Ord. 1-58, passed - - 1958) Penalty, see § 130.99