(A) Definition. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY.
An unforeseen combination of circumstances or the resulting state that calls for immediate action.
GUARDIAN.
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 a person at least 21 years of age and authorized by a parent or guardian to have the care and custody of a minor.
INSUFFICIENT CONTROL.
Failure to exercise reasonable care and diligence in the supervision of the juvenile.
MINOR.
Any person under 18 years of age.
PARENT.
A person who is a natural parent, adoptive parent, or stepparent of another person.
(B) Offenses.
(1) It is unlawful for any minor under the age of 16 years to be in, about, or upon any place in the town away from the property where the youth resides between the hours of 10:00 p.m. and 5:00 a.m. of the following day.
(2) It is unlawful for any minor 16 years of age or older and under the age of 18 years to be in, about, or upon any place in the town away from the property where the child resides between the hours of 12:00 a.m. and 5:00 a.m.
(3) It is unlawful for a parent or guardian of a minor to knowingly permit or by insufficient control allow a minor to violate (B)(1) or (B)(2) as listed 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 or her by a law enforcement officer who arrests the minor for violation of (B)(1) or (B)(2) as listed above.
(C) Defenses/exceptions. It is a defense to prosecution under (B), including (B)(3), of this section that the minor was:
(1) Accompanied by the minor's parent or guardian.
(2) 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 without any detour or stop by the most direct route.
(4) Involved in an emergency.
(5) With prior permission of the parent or guardian, engaged in reasonable, legitimate, and specific business and/or activity. Examples include but are not limited to a juvenile with prior permission of the parent or guardian attending an official school, religious, or other recreational activity supervised by adults who take responsibility for the minor, or going to or returning home from an official school, religious, or other recreational activity supervised by adults who take responsibility for the minor.
(6) 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 the neighbor.
(D) Enforcement.
(1) Before taking any enforcement action under this section, 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 division (C) of this section is probably present.
(2) In addition to any other powers he or she may have, any law enforcement officer who arrests a minor for violating any of the provisions of (B)(1) or (B)(2) is 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 the minor into custody. The law enforcement officer is 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 officer may then be empowered to take the minor home.
(E) Violations. Each violation of the provisions of (B)(1)-(4) shall constitute a separate offense.
(F) Penalty. A person convicted of a violation of any provision of this section shall be guilty of a Class 1 misdemeanor. This offense is designated an incorrigible offense for minors under the jurisdiction of the Juvenile Court.
(Ord. 96-21, passed 11-4-96) Penalty, see § 10.99