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It is unlawful for any minor who has not reached his or her sixteenth birthday to be in or upon or remain in or upon any public place as defined in § 131.01 within the town or on any property or right-of-way belonging to the town and located outside the corporate limits of the town between the hours of midnight Friday and 5:00 a.m. on Saturday or between midnight Saturday and 5:00 a.m. on Sunday or between the hours of 11:00 p.m. and 5:00 a.m. of the following days on Sunday, Monday, Tuesday, Wednesday or Thursday.
(Ord. passed 8-12-2004) Penalty, see § 131.99
The restrictions provided by § 131.02 shall not apply to any minor who is:
(A) Accompanied by the minor’s parent or guardian.
(B) On an errand at the direction of the minor’s parent or guardian, without any detour or stop.
(C) In a motor vehicle involved in interstate travel.
(D) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop.
(E) Involved in an emergency.
(F) 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.
(G) 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.
(H) 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.
(I) Married or had been married or had disabilities of minority removed in accordance with state law.
It is unlawful for any custodian to allow or permit any minor to he in or upon, or remain in or upon a public place within the town or on any property or right-of-way belonging to the town and located outside the corporate limits of the town, within the curfew hours set by § 131.02, except as provided in § 131.03.
(Ord. passed 8-12-2004) Penalty, see § 131.99
It shall be a violation of this chapter for any person over the age of 18 to aid or abet a minor in the violation of § 131.02.
(Ord. passed 8-12-2004)
If the custodian of a minor found to be in violation of this chapter refuses to take custody of the minor, the officer having custody of the minor child shall contact County Department of Social Services and release the minor to the Agency, pending further investigation by the Police Department and the Department of Social Services. The custodian may be issued a criminal citation charging him or her with a violation of this chapter.
(Ord. passed 8-12-2004)
(A) When a minor is found to be in violation of this chapter, a police officer will check with the County Communication Center and the records of the Police Department to determine if the minor is a first offender. If the minor is a first time offender, he or she will be taken to the residence of his or her custodian. A written warning will be given to the custodian and an information report will be taken by the officer. The report shall include the name of the minor and the custodian, the time, date and location of the offense. This report will be turned into the Police Department Records Division.
(B) If, upon checking with the County Communication Center and the records of the Coats Police Department, the minor is found to be a repeat offender, he or she will be taken to the residence of his or her custodian and the custodian may be issued a criminal citation charging him or her with a violation of this chapter. A report will be turned in to the communications center and entered into the Police Department Records Division.
(C) If the minor is found to be a repeat offender, the minor may be treated as a delinquent juvenile.
(D) If the minor is under 12 years of age, a report will be made and a copy forwarded to the County Department of Social Services.
(Ord. passed 8-12-2004)