The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
"Guardian" means a person who, under court order, is the guardian of the person of a minor or a public or private agency with whom a minor has been placed by an authorized agency or court; or at least 21 years of age and authorized by a parent or guardian to have the care and custody of a minor.
"Insufficient control" means failure to exercise reasonable care and diligence in the supervision of the juvenile.
"Minor" means any person under eighteen years of age.
"Parent" means a person who is a natural parent, adoptive parent or step-parent of the minor.
(Ord. 1397.09.03 § 3 (part), 1997)
A. The following constitute curfew offenses:
1. It is unlawful for any minor under the age of sixteen years to be in, about, or upon any place in the city away from the minor's residence between the hours of 10:00 p.m. and 5:00 a.m. of the following day.
2. It is unlawful for any minor sixteen years of age or older and under the age of eighteen years to be in, about, or upon any place in the city away from the minor's residence between the hours of 12:00 midnight and 5:00 a.m. of the following day.
3. It is unlawful for a parent or guardian of a minor to knowingly permit or, by insufficient control, allow a minor to violate subsections A(1) or A(2) above.
4. It is unlawful for a parent, guardian or other person having the care, custody or supervision of the minor to fail or refuse to take custody of the minor after such demand is made upon him by a law enforcement officer who arrests or cites the minor for violation of subsections A(1) or A(2) above.
B. Each violation of the provisions of subsection A above shall constitute a separate offense.
C. An adult convicted of a violation of any provision of this subsection shall be guilty of a class 1 misdemeanor. A violation of any provision of this subsection is designated an incorrigible offense for minors under the jurisdiction of the juvenile court.
(Ord. 1397.09.03 § 3 (part), 1997)
It is a defense to prosecution under Sections 9.16.020(A)(1), (A)(2), and (A)(3) of this article that the minor was:
1. Accompanied by the minor's parent or guardian.
2. With prior permission of the parent or guardian, in a motor vehicle involved in interstate travel.
3. With prior permission of the parent or guardian, in an employment activity or going to or returning home from an employment activity by the most direct route without any detour or stop.
4. Involved in an emergency.
5. With prior permission of the parent or guardian, was engaged in reasonable, legitimate, and specific business and/or activity.
6. With prior permission of the parent or guardian, engaged in a reasonable and legitimate exercise of First Amendment rights protected by the United States Constitution.
7. Married and 16 years of age or over, or in the military.
8. On the sidewalk abutting their residence or on the next door neighbor's property with the consent of an adult member of the neighbor's household.
(Ord. 1397.09.03 § 3 (part), 1997)
A. Before taking any enforcement action under Section 9.16.020, above, a police officer shall attempt to ascertain the apparent offender's age and reason for being in the place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based upon the circumstances, the minor's responses and minor's conduct, no defense as provided in Section 9.16.030, above, is probably present.
B. In addition to other powers they may have, law enforcement officers who arrest a minor for violating any of the provisions of subsections 9.16.020(A)(1) through 9.16.020(A)(2) are also hereby empowered to demand of the parent, guardian or other person having the care, custody or supervision of the minor, that such parent, guardian or other person come and take custody of the minor. The law enforcement officers are also empowered to take the minor to a designated location where arrangements can be made for a parent, guardian or other appropriate party to take the minor into custody. Should there be a failure of the parent, guardian or other person to take custody of such minor, the officers may then be empowered to take the minor home.
(Ord. 1397.09.03 § 3 (part), 1997)
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