(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT. A person at least 18 years of age.
EMPLOYER. A business holding a vendor’s license from a county auditor and/or registered with the village for the purpose of paying village income taxes.
MINOR. A person under the age of 18 years.
REMAIN. To linger, stay behind, or tarry, or to stay upon a public right-of-way, street, alley, highway, sidewalk, playground, park, plaza, building, or other place used by or occupied by the public.
(B) Generally. No minor under the age of 18 years shall remain in, about or upon public streets, sidewalks, alleys or any other unsupervised space used or occupied by the public between the hours of 12:00 a.m. and 6:00 a.m. of the following day unless exempted under division (F) of this section.
(C) Exceptions.
(1) In the event that any school, church, civic organization, parent or guardian desires to sponsor entertainment for minors, which entertainment will require minors affected by division (B) of this section to be out after 12:00 a.m. and which entertainment is supervised by adults, then the person or persons sponsoring such entertainment shall advise the Chief of Police or an officer designated by him or her of the place of entertainment and the time it will end. Minors who attend such a function shall be required to be in compliance with division (B) of this section no later than 30 minutes following the time the sponsor indicated that the function would end unless exempted under division (F) of this section.
(2) The provisions of division (A) of this section shall not apply to any minor accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or to any minor who is traveling to a medical facility to receive emergency treatment for himself or herself or another in his or her care, or to any minor who is traveling between the location of his or her employer and residence; provided that said minor is not upon the public streets, sidewalks, alleys or any other unsupervised place occupied by the public, more than 30 minutes after the end of his or her work unless exempted under division (F) of this section.
(D) Responsibility of parent.
(1) No parent, guardian or other person having the lawful care, custody or control of any minor under the age of 18 years shall allow or permit such person to violate the provisions of division (A) of this section. It shall be prima facie evidence of violation of this section that the child of a parent, guardian or person having custody was found in violation of division (A) of this section unless exempted under division (F) of this section.
(2) Police officers finding a minor in violation of division (A) of this section shall be empowered to demand that the parent, guardian or other adult person having the care, custody or supervision of such minor shall appear and take custody of such minor upon request of such officer. No such parent, guardian or other adult person having care, custody or supervision of said minor shall fail or refuse to appear and to take such minor into custody within two hours after such demand is made upon him or her, unless reasonably hindered from doing so unless exempted under division (F) of this section.
(E) Aiding and abetting violators of curfew. It shall be unlawful for any person over the age of 18 years to aid, abet, influence or encourage a minor in violation of division (A) of this section unless exempted under division (F) of this section.
(F) It is an exemption to a violation under this section that the person engaged in the prohibited conduct while:
(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.
(G) Penalty.
(1) Any minor found violating division (A) of this section shall be guilty of committing a curfew violation and shall be dealt with in accordance with juvenile court law and procedure.
(2) Any parent, guardian or other adult person having the care, custody or supervision of a minor who has violated division (A) of this section more than once has therefore violated division (D)(1) of this section and shall be guilty of a misdemeanor of the fourth degree.
(3) Whoever violates division (D)(2) or (E) of this section shall be guilty of a misdemeanor of the fourth degree.
(Ord. 10-21, passed 11-9-2010)