(A) Purpose. The curfew for minors established by this section is maintained for four primary reasons:
(1) To protect the public from illegal acts of minors committed during the curfew hours;
(2) To protect minors from improper influences that prevail during the curfew hours, including involvement with gangs;
(3) To protect minors from criminal activity that occurs during the curfew hours; and
(4) To help parents control their minor children.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY ERRAND. A task that if not completed promptly threatens the health, safety, or comfort of the minor or a member of the minor's household. The term shall include, but shall not be limited to, seeking urgent medical treatment, seeking urgent assistance from law enforcement or fire department personnel, and seeking shelter from the elements or urgent assistance from a utility company due to a natural or human-made calamity.
OFFICIAL CITY TIME. The time of day as determined by Hennepin County Dispatch.
PLACES OF AMUSEMENT, ENTERTAINMENT OR REFRESHMENT. Those places that include, but are not limited to, movie theaters, pinball arcades, shopping malls, nightclubs catering to minors, restaurants, and pool halls.
PRIMARY CARE or PRIMARY CUSTODY. The person who is responsible for providing food, clothing, shelter, and other basic necessities to the minor. The person providing primary care or custody to the minor must not be another minor.
SCHOOL ACTIVITY. An event which has been placed on a school calendar by public or parochial school authorities as a school sanctioned event.
(C) Hours.
(1) Minors under the age of 12 years. It is unlawful for a minor under the age of 12 years to be in or upon the public streets, alleys, parks, playgrounds or other public grounds, public places, public buildings; or in or upon places of amusement, entertainment or refreshment; or in or upon any vacant lot, after 9:00 p.m., official city time, on Sunday through Thursday nights, and after 10:00 p.m., official city time, on Friday and Saturday nights.
(2) Minors ages 12 to 14. It is unlawful for a minor of the age of 12, 13, or 14 years to be in or upon the public streets, alleys, parks, playgrounds or other public grounds, public places, public buildings; or in or upon places of amusement, entertainment or refreshment; or in or upon any vacant lot, after 10:00 p.m., official city time, on Sunday through Thursday nights, and after 11:00 p.m. on Friday and Saturday nights.
(3) Minors ages 15 years to 18 years. It is unlawful for a minor of the age of 15, 16 or 17 years to be in or upon the public streets, alleys, parks, playgrounds or other public grounds, public places, public buildings; or in or upon places of amusement, entertainment or refreshment; or in or upon any vacant lot, after 11:00 p.m., official city time, on Sunday through Thursday nights, and after 12:01 a.m. on Friday and Saturday.
(D) Effect on control by adult responsible for minor. Nothing in this section will be construed to give a minor the right to stay out until the curfew hours designated in this section if otherwise directed by a parent, guardian, or other adult person having the primary care and custody of the minor; nor will this section be construed to diminish or impair the control of the adult person having the primary care or custody of the minor.
(E) Exceptions. The provisions of this section do not apply in the following situations:
(1) To a minor accompanied by the minor's parent or guardian, or other adult person having the primary care and custody of the minor;
(2) To a minor who is upon an emergency errand at the direction of the minor's parent, guardian, or other adult person having the primary care and custody of the minor;
(3) To a minor who is in any of the places described in this section if in connection with or as required by an employer engaged in a lawful business, trade, profession, or occupation; or to a minor traveling directly to or from the location of such business trade, profession, or occupation and the minor's residence. Minors who fall within the scope of this exception must carry written proof of employment and proof of the hours the employer requires the minor's presence at work.
(4) To a minor who is participating in or traveling directly to or from an event which has been officially designated as a school activity by public or parochial school authorities; or who is participating in or traveling directly to or from an official activity supervised by adults and sponsored by the city, a civic organization, school, religious institution, or similar entity that takes responsibility for the minor and with the permission of the minor's parent, guardian, or other adult person having the primary care and custody of the minor.
(5) To a minor who is passing through the city in the course of interstate travel during the hours of curfew.
(6) To a minor who is attending or traveling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly, or freedom of religion.
(7) To minors on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor does not complain to the city's designated law enforcement provider about the minor's presence.
(8) To a minor who is married or has been married, or is otherwise legally emancipated.
(F) Duties of person legally responsible for minor. It is unlawful for a parent, guardian, or other adult having the primary care or custody of any minor to permit any violation of the requirements of this section by the minor.
(G) Duties of other persons. It is unlawful for a person operating or in charge of any place of amusement, entertainment, or refreshment to permit any minor to enter or remain in the person's place of business during the hours prohibited by this section unless the minor is accompanied by the minor's parent, guardian or other adult person having primary care or custody of the minor, or unless one of the exceptions to this section apply.
(H) Defense. It is a defense to prosecution under this section that the owner, operator, or employee of an establishment promptly notified the city's designated law enforcement provider that a minor was present on the premises of the establishment during curfew hours and refused to leave.