(A) The following constitute valid exceptions to the operation of the curfew:
(1) If a juvenile is accompanied by his or her parent or an authorized adult;
(2) If a juvenile is involved in, or attempting to remedy, alleviate or respond to an emergency;
(3) If the juvenile is engaged in a lawful employment activity, or is going to or returning home from his or her place of employment;
(4) If the juvenile is attending an official school, religious or other social or recreational activity supervised by adults and sponsored by a city or the county, a civic organization or another similar entity that takes responsibility for the juvenile;
(5) If the juvenile is going to or returning home from, without any detour or stop, the official school, religious or other recreational activity supervised by adults and sponsored by a city or the county, a civic organization or another similar entity that takes responsibility for the juvenile;
(6) If the juvenile is on an errand as directed by his or her parent, without any detour or stop;
(7) If the juvenile is engaged in interstate travel;
(8) If the juvenile is on the public right-of-way, boulevard or sidewalk abutting the juvenile’s residence or abutting the neighboring property, structure or residence;
(9) If the juvenile is exercising First Amendment rights protected by the United States Constitution, or those similar rights protected by Article I of the State Constitution, such as free exercise of religion, freedom of speech and the right of assembly; or
(10) If the juvenile is homeless or uses a public or semi-public place as his or her usual place of abode.
(B) It is an affirmative defense to prosecution under § 130.04 that:
(1) The owner, operator or employee of an establishment promptly notified the Police Department or Sheriff’s Department that a juvenile was present on the premises of the establishment during curfew hours; and/or
(2) The owner, operator or employee reasonably and in good faith relied upon a juvenile’s representations of proof of age. Proof of age may be established pursuant to M.S. § 340A.503(6), as it may be amended from time to time, or other verifiable means, including, but not limited to school identification cards and birth certificates.
(Ord. 25, passed 2-1-96)