(a) Definitions. As used in this section:
(1) “Drive or ride aimlessly” means to drive or ride as a passenger in or upon any public place by an unnecessarily circuitous route or to retrace the same route.
(2) “Establishment” means any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited.
(3) “Minor” means any person under eighteen years of age.
(4) “Official Municipal time” means Eastern Standard Time.
(5) “Operator” means any person, firm, association, partnership or corporation operating, managing or conducting any establishment. Whenever used in any clause prescribing a penalty, “operator,” as applied to associations or partnerships, includes the members or partners thereof, and, as applied to corporations, includes the officers thereof.
(6) “Parent” means any natural parent, guardian or adult person, 21 years or age or over, responsible for the care and custody of a minor.
(7) “Public place” means any public street, highway, road, alley, park, playground, public building or vacant lot.
(8) “Remain” means to loiter, idle, wander, stroll or play in or upon.
(Ord. 8-66. Passed 9-8-66.)
(b) Conduct Prohibited by Minors.
(1) In public places. No minor shall remain in or upon any public place or establishment between 11:00 p.m. and 6:00 a.m. of the following day, official Municipal time, except on Fridays and Saturdays, the hours shall be from 12:00 midnight to 6:00 a.m. of the following day.
(2) Aimless driving in vehicles. No minor shall drive or ride aimlessly in an automobile or a truck or on a motorcycle between 11:00 p.m. and 6:00 a.m. of the following day, official Municipal time, except on Fridays and Saturdays, the hours shall be from 12:00 midnight to 6:00 a.m. of the following day.
(3) Exceptions. This division shall not apply to any minor accompanied by a parent, to a minor upon an errand or other legitimate business directed by such minor's parent or to a minor who is engaged in gainful lawful employment during curfew hours.
(4) Special permission. Any school, church, lodge or other organization which desires to hold any entertainment for minors, and which entertainment requires that such minors be out at a later hour than provided in this section, shall make application to the Manager for permission to have the minors stay out to a later hour. The application shall state the time the entertainment will end. Minors who attend such entertainment shall be required to be off the streets and public places one hour after the entertainment has ended.
(Adopting Ordinance)
(c) Parental Responsibility.
(1) No parent shall knowingly permit any minor to remain in or upon any public place or establishment between 11:00 p.m. and 6:00 a.m. of the following day, official Municipal time, except on Fridays and Saturdays, the hours shall be from 12:00 midnight to 6:00 a.m. of the following day.
(2) This division shall not apply to a parent who accompanies a minor, to a parent who directs a minor upon an errand or other legitimate business, to a parent of a minor engaged in gainful lawful employment during curfew hours or to a parent of a minor who attends any entertainment in accordance with the provisions of division (b)(4) of this section.
(d) Establishment Operator's Responsibility. No operator of an establishment or his or her agents or employees shall knowingly permit any minor to remain upon the premises of such establishment between 11:00 p.m. and 6:00 a.m. of the following day, official Municipal time, except on Fridays and Saturdays, the hours shall be from 12:00 midnight to 6:00 a.m. of the following day.
(e) Violations. Any police officer who finds a minor violating any of the provisions of division (b) of this section shall obtain information from such minor as to his or her name, address and age and the name of his or her parents. The minor shall thereupon be instructed to proceed to his or her home forthwith. A written notice shall then be mailed by the Chief of Police to the parents of the minor, advising of the violation of division (b) of this section.
(f) Penalty for Adults. Whoever violates division (c) of this section, after receiving a notice of a prior violation as provided in division (e) of this section, or whoever violates division (d) of this section, is guilty of a minor misdemeanor. Whoever violates division (c) or (d) of this section for a second time is guilty of a misdemeanor of the fourth degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty shall be as provided in Section 698.02.
(g) Penalty for Minors. Minors violating any of the provisions of this section shall be dealt with in accordance with Juvenile Court law and procedure.
(Ord. 8-66. Passed 9-8-66; Ord. 19-97. Passed 10-14-97.)