A. Regulation Of Minors: It shall be unlawful for any minor to remain in or upon any public place, to remain in any motor vehicle operating or parked in or upon a public place or establishment, or to remain in or upon the premises of any establishment, between the hours of twelve o'clock (12:00) midnight and five o'clock (5:00) A.M., unless their presence is explained by one of the enumerated exceptions. Any person found in violation of this subsection shall be guilty of an infraction, and subject to penalty as provided in section 1-4-2 of this Code. (1952 Code § 6-10-02.01)
B. Exceptions: Exceptions to the regulation of minors include:
1. The minor is accompanied by a parent or guardian.
2. An emergency situation exists.
3. The minor is engaged in an employment activity, or is going to or returning home from such activity without detour or stop, except for purposes of obtaining fuel for transportation.
4. The minor is on a sidewalk directly abutting the place in which they reside; or within three hundred feet (300') of their residence and the neighboring residents have not issued a complaint about the minor's presence.
5. The minor is attending an activity sponsored by a school, religious or civic organization, by a public organization or entity, or by another similar organization or entity, which activity is supervised by adults; or is going to or returning from such activity without detour or stop, except for purposes of obtaining fuel for transportation.
6. The minor is on an errand and has in their possession written parental authorization for the errand, to include the destination of the errand, time allotted for the errand and a contact telephone number to verify parental authorization.
7. The minor is involved in interstate travel through, or beginning or terminating in, the City.
8. The minor is 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. (1952 Code § 6-10-02.02)
D. Operator Of Establishment: It shall be unlawful for any operator of an "establishment", as defined in section 5-5-2-1 of this chapter, to knowingly permit, allow or encourage a minor to remain at or upon the premises of the establishment in violation of this section. It shall be a defense to this violation that the operator or an employee of the establishment promptly notified police that a minor was present at the establishment and refused to leave when requested. (1952 Code § 6-10-02.04)
E. Operator Or Owner Of Motor Vehicle: It shall be unlawful for the owner or operator of a motor vehicle to knowingly permit, allow or encourage a violation of this section 5-5-2. (1952 Code § 6-10-02.05)
F. Required Information: Every person suspected of a curfew violation shall provide their name and age to a police officer upon request. Any person who refuses to provide such information, or who knowingly gives false information regarding their name or age, or another person's name or age to any police officer conducting an investigation under this section 5-5-2 shall be in violation of this section 5-5-2. (1952 Code § 6-10-02.06; amd. Ord. 21-23, 6-6-2023)