(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)