For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS. Ten o'clock p.m. on any Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and Sunday until 5:00 a.m. on the following day. Also from the beginning of school hours until the end of school hours on any Monday, Tuesday, Wednesday, Thursday, and Friday.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT. Any privately-owned place or business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
GUARDIAN. A person who, under court order, is the guardian of the person or minor; or a public or private agency with whom a minor has been placed by a court.
PARENT. A person who is a natural parent, adoptive parent, or stepparent of another person, or at least 19 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
REMAIN. To linger or stay, or fail to leave a premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(1973 Code, § 6-501) (Ord. 762, passed 7-12-2007)
(A) Any person 15 years of age or under commits an offense if he or she remains in any public place or on the premises of any establishment within the city during curfew hours.
(B) A parent or guardian of a minor 15 years of age or under commits an offense if he or she knowingly permits, or by insufficient control allows the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(C) The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows any person 15 years of age or under, to remain upon the premises of the establishment within the city during curfew hours.
(1973 Code, § 6-502) (Ord. 762, passed 7-12-2007) Penalty, see § 135.99
(A) It is a defense to prosecution under § 135.02 that the person 15 years of age or under was:
(1) A person 15 years of age or under accompanied by his or her parent or guardian;
(2) In a motor vehicle involved in interstate travel;
(3) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(4) Involved in an emergency;
(5) A person 15 years of age or under on the sidewalk abutting their residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the presence of the person 15 years of age or under;
(6) 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 other similar entity that takes responsibility for the person 15 years of age or under;
(7) Exercising First Amendment rights protected by the United States Constitution, such as free exercise of religion, freedom of speech, and the rights of assembly, by first delivering to the person designated by the city's Police Chief to receive the information, a written communication, signed by the person 15 years of age or under and countersigned, if practical, by a parent or guardian of the juvenile with their home address and telephone number, specifying when, where and in what manner the minor will be in a public place during the hours when the ordinance is applicable to the person 15 years of age or under in the exercise of the First Amendment rights specified in the communication; and/or
(8) Married or had been married or had disabilities of minority removed in accordance with law.
(B) It is a defense to prosecution under § 135.02 that the owner, operator, or employee of an establishment promptly notified the Police Department that a person 15 years of age or under was present on the premises of the establishment during the curfew hours and refused to leave.
(1973 Code, § 6-503) (Ord. 762, passed 7-12-2007)
Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 135.03 is present.
(1973 Code, § 6-504) (Ord. 762, passed 7-12-2007)
Any person who violates a provision of this chapter is guilty of a separate offense for each day or part of the day during which the violation is committed, continued, or permitted. Any person violating this chapter shall be deemed guilty of a Class 5 misdemeanor, punishable by a fine of $25.
(1973 Code, § 6-505) (Ord. 762, passed 7-12-2007)