(A) Minors under 12. No minor child under the age of 12 years shall loiter, idle or congregate in or on any public street, highway, alley, park or other public place between the hours of 10:00 p.m. and 6:00 a.m. unless the child is accompanied by a parent or guardian, or some adult person over the age of 18 years delegated by a parent or guardian to accompany said child.
(Prior Code, § 9.91)
(B) Minors under 15. No minor child under the age of 15 years shall loiter, idle or congregate in or on any public street, highway, alley, park or other public place between the hours of 11:00 p.m. and 6:00 a.m., except where the child is accompanied by a parent or guardian, or some adult person over the age of 18 years delegated by the parent or guardian to accompany the minor, or where the minor child is upon an errand or other legitimate business directed by his or her parent or guardian.
(Prior Code, § 9.92)
(C) Minors under 17. No minor under the age of 17 years shall loiter, idle or congregate in or on any public street, highway, alley, park or other public place between the hours of 12:00 a.m. and 6:00 a.m., except where the minor is accompanied by a parent or guardian, or some adult person over the age of 18 years, delegated by the parent or guardian to accompany said minor child, or where the minor is upon an errand or other legitimate business directed by his or her parent or guardian.
(Prior Code, § 9.93)
(D) Juvenile arrest procedure. Arrests and prosecution of minors under the age of 17 years for violation of this section shall be in accordance with § 14 and the other provisions of Ch. XIIA of Public Act 288 of 1939.
(Prior Code, § 9.96)
(E) Definitions of words and phrases. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
HARBOR. The tacit or express permission to said child by the owner, proprietor, occupant or any of his, her or their agents, to remain on or about the premises for a time longer than reasonably necessary for said child to transact such business as he or she may there have.
LOITER. Aimlessly driving or riding in or on any automobile, motorcycle, motor-driven cycle or any other motor-driven vehicle, on the streets, alleys, highways or public thoroughfares of the city without an immediate and predetermined destination.
OTHER PUBLIC PLACES. Privately-owned places of business, and the premises thereof, serving the public or open to the public, such as restaurants, laundromats, gas stations, theaters and other places of public amusement.
(F) Exemptions. It is an exemption to a violation under this section that the person engaged in the prohibited conduct while:
(1) Accompanied by the minor's parent or guardian;
(2) On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor's presence;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
(8) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(9) Married or had been married or had disabilities of minority removed in accordance with state law.
(Ord. 674, passed 9-3-2002) Penalty, see § 130.99