(A) It shall be unlawful and a violation of this chapter for a minor to be or remain in or upon any public place or in or upon the premises of any establishment within the corporate limits of the City of Brazil during the restricted curfew hours, unless:
(1) The minor is accompanied by a parent or legal guardian;
(2) The minor is involved in an emergency;
(3) The minor is engaged in a lawful employment activity, or is going to or returning home from the activity by using a direct route without detour or stop;
(4) The minor is on the sidewalk directly abutting a place where the minor resides with a parent or guardian;
(5) The minor is attending or traveling to or from by direct route, a legal school, religious or recreational activity that is supervised by adults sponsored by a school, governmental entity, civic organization or other similar entity;
(6) The minor is on an errand at the direction of a parent or guardian and the minor has in his or her possession a writing signed by the parent or guardian containing the following information: name, signature, address and telephone number of the parent or guardian authorizing the errand, the name of the minor, the minor’s destination and the date and time that the minor is authorized to be engaged in the errand;
(7) The minor is exercising his or her First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and right of assembly; however, the mere presence or “hanging out” of minors in public places, or the aimless cruising of city streets are not considered to be within the protection of the First Amendment; or
(8) The minor is married and emancipated.
(B) It shall be unlawful and a violation of this chapter for a parent or guardian of a minor who knowingly permits, or by insufficient control allows, the minor to be or remain in any public place or establishment within the corporate limits of the City of Brazil during the restricted curfews hours.
(1) For purposes of this division (division (B)) the term KNOWINGLY includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of the minor in that parent’s custody.
(2) It is the intent of this division to hold a neglectful or careless parent to a reasonable community standard of parental responsibility, and it shall be no defense that a parent was indifferent to the activities or conduct or whereabouts of his or her minor child.
(C) It shall be unlawful and a violation of this chapter for an owner/operator of an establishment to knowingly allow a minor to be or remain upon the premises of an establishment during the restricted curfew hours. For purposes of this division, the term KNOWINGLY includes knowledge that an owner/operator should reasonably be expected to have concerning the patrons of the establishment, and the standard for KNOWINGLY shall be whether a reasonable person in the owner/operator’s position should have known that the patron was a minor in violation of the terms of this chapter.
(D) It shall be unlawful and a violation of this chapter for any person 18 years of age or older to aid and abet a minor in violating the terms of this chapter, or for a parent or guardian to refuse to take custody during the restricted curfew hours of a minor for whom the parent or guardian is responsible.
(Ord. 5-2000, passed 9-26-2000) Penalty, see § 130.99