509.05 CURFEW.
   (a)   No minor under the age of eighteen years of age, such person being defined for the purpose of this and the following sections as a child, shall loiter in or upon the streets, highways, or other public places within the City at night, after 11:00 p.m. For the purpose of this section, loiter is defined as to stand idly about or to proceed slowly or with many stops.
   (b)   No parent, guardian or other person having the legal custody of any child designated in subsection (a) hereof shall allow or permit any such child, ward or other person under the age of eighteen years of age, who is in such legal custody, to loiter in or on the streets, highways, or other public places, within the City at night, after the hour of 11:00 p.m.
   (c)   Any child under eighteen years of age found loitering in or upon any streets, highways, or other public places, within the City in violation of subsection (a) shall be taken into custody by the City police and transported to the police department. The parents, guardians, or persons having legal custody of such child shall be contacted to come to the police station to retrieve the child. For a first offense violation a written citation or written warning shall be issued to the parents, guardians, or persons having the legal custody of such child so offending. For a second, and all subsequent offenses, a written citation shall be issued to the parents, guardians, or persons having legal custody of the child so offending. The parents, guardians, or persons having legal custody, or persons so offending shall, upon conviction thereof, be punished as provided in Section 509.99.
   (d)   Any police officer of the City, in taking a child into custody under the provisions of the preceding section shall use discretion in determining age, and in doubtful cases, may require positive proof, and until such proof is furnished, the police officer’s judgment shall prevail.
(Passed 8-7-06.)