A. Imposed: It shall be unlawful for any person under the age of eighteen (18) years to be in or upon any street, highway, road, alley, park, playground or other public places or buildings, or places of amusement, eating establishments, vacant lots and/or any other place without being accompanied by an adult having custodial rights or an adult person designated by the adult having custodial rights of said minor between the hours of ten thirty o'clock (10:30) P.M. on Sunday, Monday, Tuesday, Wednesday, or Thursday until four o'clock (4:00) A.M. of the following day, and twelve o'clock (12:00) midnight until four o'clock (4:00) A.M. on Friday or Saturday.
B. Exceptions: The provisions of this chapter shall not apply in cases where the minor 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 unauthorized detour, delay 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 unauthorized detour, delay or stop;
5. Involved in an emergency;
6. Attending an official school, religious, recreational, or other activity supervised by adults and sponsored by the city of Bonners Ferry, Boundary County, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from such activity, without any unauthorized detour, delay or stop; or
7. Exercising first amendment rights protected by the United States constitution, such as the right of free exercise of religion, freedom of speech, and the right of assembly, or going to or returning from such activity, without any unauthorized detour, delay, or stop.
C. Responsibility Of Owner, Operator, Or Employee: The owner, operator, or any employee of an establishment commits an offense under this chapter if he or she knowingly allows a minor, without permission of a parent or guardian, to be present upon the premises of the establishment during curfew hours, unless the establishment is involved in rendering services for an emergency or is a designated "safe place" and the minor is seeking emergency help, shelter, or care. It is a defense to prosecution under this section that the owner, operator, or employee of an establishment asked the minor to leave the premises and promptly notified the Bonners Ferry city police department that a minor is present on the premises of the establishment during curfew hours and refuses to leave. (Ord. 540, 3-18-2014)