(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLOW. Either permit or neglect to prevent conduct in violation of this section, provided that the parent or guardian must have actual or constructive knowledge of the offending conduct, that is, the parent or guardian must actually know that the minor in his or her custody is violating this section, or the circumstances must be such that a reasonably prudent parent or guardian should have known that the conduct of the minor was in violation of this section.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a human-made or natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
MINOR. Any unemancipated person under 18 years of age (17 or under).
PARENT. Any person having legal custody of a minor as a natural or adoptive parent, as a legal guardian, as a person who stands “in loco parentis,” or as a person to whom legal custody has been given or directed by order of a court.
PUBLIC PLACE. A place to which the public or a substantial group of persons has access and includes, but is not limited to, highways, streets, alleyways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies, and other common areas of apartment houses, hotels, hospitals, office buildings, shops, stores, restaurants, and other similar commercial establishments.
REASONABLE NECESSITY. That which an ordinarily prudent person would consider rational, just and appropriate under the same or similar circumstances.
REMAIN. To stay behind, to tarry, or linger upon in any public place.
(B) Parental responsibility.
(1) A parent shall not allow any minor in his or her lawful custody to be or remain in or upon a public place in the city between the hours of 11:00 p.m. and 5:00 a.m. during any day of the week, under circumstances not constituting one or more of the exceptions enumerated in division (C) below.
(2) Any parent who fails to comply with division (A) above shall be guilty of a violation as provided in division (D) below.
(C) Responsible parental control; defenses. It shall not be considered a violation of this section, and it shall be a defense to any prosecution under division (B)(2) above if during the event and time in question, the minor was:
(1) Accompanied by his or her parent or guardian;
(2) Accompanied by an adult authorized by a parent or guardian of such minor;
(3) When the minor, who is a duly authorized and licensed driver, is operating a motor vehicle within the city for the purpose of passing through, by direct route, from one location to another either within or out of the city or county, including all minors that may also be within the vehicle;
(4) Involved in an emergency;
(5) Engaged in any lawful employment activity, or going to or returning home from any lawful employment activity, without any detour or stop;
(6) When in the case of reasonable necessity, said minor is on an errand at the direction of his or her parent or guardian, without any detour or stop;
(7) When in the case of other reasonable necessity, but only after such minor’s parent or guardian has communicated to the County Sheriff’s office or the Police Department the facts establishing such reasonable necessity;
(8) When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of the minor’s next-door neighbor who has not communicated an objection to a state or local law enforcement officer;
(9) When attending an official school, religious, recreational, or other organized 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, recreational, or other organized activity supervised by adults and sponsored by the city, a civic organization, or other similar entity that takes responsibility for said minor;
(10) 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
(11) When authorized by permit issued by the County Judge/Executive or the Mayor, as appropriate, in cases of reasonable necessity involving more minors than may reasonably be dealt with on an individual basis (such as, city or county festivals, fairs, expositions, or other organized celebrations or memorials; school church, civic, or other recreational events of a special nature). The County Judge/Executive or the Mayor, as the case may be, shall publicly advertise any permit sufficiently in advance of the event or occasion, through the news media, schools, or other appropriate agencies. The permit shall define the activity, the scope of the use of the public place permitted, and the period of time involved, not to extend more than one hour beyond the time for termination of the activity, and the reason why the regulation (or permit) is reasonably necessary. A copy of the permit shall be forwarded to the appropriate law enforcement agency in advance of the date of the activity or event in question.
(D) Enforcement.
(1) Before proceeding with any enforcement action under this section, a law enforcement officer, upon finding any minor in or upon a public place, during a time period not authorized herein, may stop and question such minor and request such information as his or her name, address, and the name and address of his or her parent.
(2) If the law enforcement officer determines or has reasonable cause to believe that the minor does not meet any of the permitted conditions provided in division (C) above, the law enforcement officer shall issue a citation or when necessary, cause a warrant summons to issue against said minor’s parent(s) for violation of division (B)(2) above and may take into custody as evidence of the offense, the minor and/or take the minor to his or her home. The law enforcement officer shall, at the time of the issuance of the citation or warrant summons, notify the offending parent(s) of the right to file a “beyond control” petition in defense of any prosecution hereunder, as set forth in division (E)(5) below.
(E) Beyond parental control petition and defense to prosecution.
(1) It shall constitute a complete defense to any prosecution under division (B)(2) above if at the time of issuance of the citation or warrant summons, the offending parent or spouse has an active beyond control petition pending in the County District Court.
(2) Any parent issued a citation or served with a warrant summons by a law enforcement officer for violation of division (B)(2) above, may, within 48 hours thereof, cause a beyond control petition to be initiated against the minor. If the parent obtains a beyond control petition, in good faith, within the 48-hour time period and the parent fully participates and cooperates in the proceedings against said minor, the filing of the of the beyond control petition shall constitute a complete defense to any prosecution for a violation of division (B)(2) above.
(Prior Code, § 139.01) (Ord. 2011-11.03, passed 11-28-2011)