(A) Definitions. 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 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 step-parent 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 city 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 city away from the property where the minor resides between the hours of 12:00 a.m. and 5:00 a.m.
(3) It is unlawful for a parent, guardian or other person having supervisory custody of the minor to knowingly permit, or by insufficient control, allow a minor to violate the provisions of sections divisions (B)(1) or (2) above, except as expressly provided herein. It shall not constitute a defense hereto that such parent, guardian or other person having supervisory custody of the minor did not have actual knowledge of the minor’s violation of divisions (B)(1) or (2) above, if the parent, guardian or other person having responsibility for the minor, in the exercise of reasonable care and diligence, should have known of the aforementioned unlawful acts of the minor.
(4) It is unlawful for 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 the demand is made upon him or her by a law enforcement officer who arrests the minor for violation of divisions (B)(1) or (2) above.
(C) Defenses; exceptions. It is a defense to prosecution under divisions (B)(1) through (3) above that the minor was:
(1) Accompanied by the minor’s parent or guardian or an adult having supervisory custody of the minor;
(2) With prior permission of the parent or guardian or an adult having supervisory custody, in motor vehicle involved in interstate travel;
(3) With prior permission of the parent or guardian or an adult having supervisory custody, in an employment activity or going to or returning home from an employment activity without a detour or stop by the most direct route;
(4) On an emergency errand;
(5) Specifically directed to the location by the parent or guardian or an adult having supervisory custody, on reasonable, legitimate business or some other activity, or going to or returning home from the business or activity;
(6) With prior permission of the parent or guardian or an adult having supervisory custody, 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; and/or
(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 at 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) above 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 divisions (B)(1) or (2) above is also hereby empowered to demand of the parent, guardian or adult having supervisory custody that the parent, guardian or other adult 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, an adult having supervisory custody 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 the minor, the officer may then be empowered to take the minor home.
(E) Separate offenses. Each violation of any provisions of division (B) above shall constitute a separate offense.
(2001 Code, 10-1-3) Penalty, see § 130.99