(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLOW. Either permit or neglect to prevent. It requires actual or constructive knowledge on the part of the parent or guardian, that is, the parent or guardian must actually know about the child violating this section, or the circumstances must be such that a reasonably prudent parent or guardian should have known the child was violating this section.
MINOR. Any person under the age of 18, or as may be otherwise phrased, any person of the age of 17 or under.
PARENT. Any person having legal custody of a minor:
(a) As a natural or adoptive parent;
(b) As a legal guardian;
(c) As a person who stands "in loco parentis"; or
(d) As a person whom legal custody has been given by order of court.
REMAIN. To stay behind, to tarry or to stay unnecessarily upon or in any public assembly, building, place, street or highway.
(B) (1) It shall be unlawful for any person under the age of 18 to be or remain in or upon any public assembly, building, place, street or highway within the city at night during the following periods:
From | To |
From | To |
1:00 a.m. Saturday | 6:00 a.m. Saturday |
1:00 a.m. Sunday | 6:00 a.m. Sunday |
11:00 p.m. Sunday | 6:00 a.m. Monday |
11:00 p.m. Monday | 6:00 a.m. Tuesday |
11:00 p.m. Tuesday | 6:00 a.m. Wednesday |
11:00 p.m. Wednesday | 6:00 a.m. Thursday |
11:00 p.m. Thursday | 6:00 a.m. Friday |
(2) It shall be unlawful for any parent or guardian having legal custody of a minor to allow the minor to be or remain in or upon a public assembly, building, place, street or highway in the city under circumstances not constituting an exception as enumerated in division (C) below during the time periods contained in division (B)(1) above.
(C) In the following exceptional cases a minor in or upon any public assembly, building, place, street or highway in the city during the nocturnal hours provided for in division (B) above shall not be considered in violation of this section:
(1) When the minor is accompanied by a parent or guardian;
(2) When 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, provided that written notice signed by the minor and countersigned by a parent is in the possession of the minor specifying when, where and in what manner the minor will be exercising the First Amendment rights;
(3) In case of reasonable necessity but only after the minor's parent has communicated to the police department the facts establishing the reasonable necessity;
(4) When the minor is on the sidewalk of the place where the minor resides, or on the sidewalk or either next-door neighbor who has not communicated an objection to a police officer or the Police Department;
(5) When returning home, by a direct route from, and within one hour of the termination of, a school activity, or any activity of a religious or other voluntary association, provided that justification indicating the place and time of termination of the event can be given to any investigating officer of the Police Department;
(6) When authorized by regulation issued by the Mayor in cases of reasonable necessity involving more minors than may reasonably be dealt with on an individual basis. This regulation should be issued sufficiently in advance to permit publicity through news media and through other agencies such as the schools. The regulation shall define the activity, the scope of the use of the public assembly, building, place, street or highways permitted, and the period of time involved not to extend more than one hour beyond the time for termination of the activity, and the reason for finding that the regulation is reasonably necessary. The Mayor shall notify the Police Department of that information;
(7) When engaged in a business or occupation which the laws of the state authorize a person under 18 years of age to perform; and
(8) When the minor, who is a duly authorized and licensed driver, is operating a motor vehicle within the city for the purpose of passing through, by direct route, from one location to another either within or out of the city, including all minors that may also be within the vehicle.
(D) (1) A police officer upon finding or being notified of any minor in or upon any public assembly, building, place, street or highway whose parent is believed to be in violation of this section may stop and question the minor and request information as his or her name and age and the name and address of his or her parent, guardian or person having legal custody.
(2) If the police officer determines or has reasonable cause to believe that a curfew violation has occurred, the police officer may obtain from the minor the information necessary to issue a citation to the minor's parent, guardian or person having legal custody and then either take the minor to his or her home or direct the minor to proceed immediately to his or her home.
(2000 Code, § 12-1) Penalty, see § 130.99