A. Definitions: As used in this Section, the following words and terms shall have the meanings ascribed to them in this subsection:
CURFEW HOURS: Eleven o'clock (11:00) P.M. until six o'clock (6:00) A.M. every day of the week.
EMERGENCY: An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT: Any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
GUARDIAN: A. Any person, to whom custody of a minor has been given by a court order; or
B. Any public or private agency with whom a minor has been placed by a court.
MINOR: Any person under sixteen (16) years of age.
OPERATOR: Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT: A person who is the natural or adoptive parent of a person. As used herein, "parent" shall also include a court- appointed guardian or other person sixteen (16) years of age or older, authorized by the parent, by a court order, or by the court-appointed guardian to have the care and custody of a person.
PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
REMAIN: A. To linger or stay; or
B. To fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
B. Offenses:
1. Minor: It shall be unlawful for any minor to remain in any public place or on the premises of any establishment within the County during curfew hours.
2. Parent; Guardian: It shall be unlawful for any parent or guardian of a minor to knowingly permit the minor to remain in any public place or on the premises of any establishment within the County during curfew hours.
3. Owner; Operator; Employee: It shall be unlawful for any owner, operator, or any employee of an establishment to knowingly allow a minor to remain upon the premises of the establishment during curfew hours.
C. Defenses: It is a defense to prosecution under subsection B of this Section that:
1. Accompanied By Adult: The minor was accompanied by the minor's parent or guardian, or accompanied by another adult approved by the parents;
2. Errand: The minor was on an errand at the direction of the minor's parent or guardian, without any detour or stop;
3. Employment; Volunteer Work: The minor was engaged in lawful employment or volunteer work at a recognized charity institution or is going to or coming from such activity without detour or stop;
4. Emergency: The minor was involved in an emergency;
5. Sidewalk Abutting Residence: The minor was 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;
6. School, Religious, Recreational Activity: The minor was attending an official school, religious, or other recreational activity supervised by adults and sponsored by a governmental agency, 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 a governmental organization, a civic organization, or another similar entity that takes responsibility for the minor;
7. Married: The minor was married or had been married; or
8. Request/Refusal To Leave: The minor was present on the premises of an establishment during curfew hours was told to leave and refused to leave and that the owner, operator or employee of an establishment promptly notified the police department of the minor's presence. This is a defense for the owner or operator of the establishment, not the minor.
D. Enforcement: Before taking any enforcement action, a police officer shall ask the apparent offender's age and reason for being in a public place. The officer shall issue a citation or make an arrest only in situations where the officer has probable cause to believe that an offense has occurred and that based on any response and other circumstances, no defense in subsection C of this Section is present. (Ord. 1996-2, 8-20-1996, eff. 8-20-1996)
E. Penalty:
1. Separate Offense: A person who violates a provision of this Section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted.
2. Violation; Penalty: Any person who is convicted of a violation of this Section is guilty of a misdemeanor and shall be punished as provided in Section 1-4-1 of this Code.
3. Juvenile Violation: Any juvenile who is convicted of a violation of this Section will receive a penalty in accordance with Minnesota Statutes Annotated section 260.185. (Ord. 1996-2, 8-20-1996, eff. 8-20-1996; amd. 2000 Code)