(A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) ALLOW.
Either permit or neglect to refrain to prevent. It requires actual or constructive knowledge on the part of the parent or guardian, that is, the parent or guardian must actually know about the child violating this section, or the circumstances must be such that a reasonably prudent parent or guardian should have known the child was violating this section.
(2) MINOR.
Any person under the age of eighteen (18), or, as may be otherwise phrased, any person of the age of seventeen (17) or under.
(3) PARENT.
Any person having legal custody of a minor.
(a) As a natural adoptive parent;
(b) As a legal guardian;
(c) As a person standing "in loco parentis";
(d) Or as a person to whom legal custody has been given by order of the court.
(4) REMAIN.
To stay behind, to tarry, or to stay unnecessarily upon or in any public assembly, building, place, street or highway.
(B) (1) It shall be unlawful for any person under the age of eighteen (18) to be or remain in or upon any public assembly, building, place, street or highway within the city at night during the following periods:
12:00 a.m. to 6:00 a.m. Saturday
12:00 a.m. to 6:00 a.m. Sunday
11:00 p.m. Sunday to 6:00 a.m. Monday
11:00 p.m. Monday to 6:00 a.m. Tuesday
11:00 p.m. Tuesday to 6:00 a.m. Wednesday
11:00 p.m. Wednesday to 6:00 a.m. Thursday
11:00 p.m. Thursday to 6:00 a.m. Friday
(2) It is a curfew violation for a child under thirteen (13) years of age to be in a public place after 10:00 p.m. or before 6:00 a.m. on any day.
(3) It shall be unlawful for any parent or guardian having legal custody of a minor to allow such minor to be or remain in or upon a public assembly, building, place, street, or highway in the city under circumstances not constituting an exception as enumerated in division (C) below during the time periods contained in this division.
(B) In the following exceptional cases a minor in or upon any public assembly, building, place, street or highway in the city during the nocturnal hours provided for in division (B) shall not be considered in violation of this section:
(1) Accompanied by his parent, guardian, or custodian;
(2) Accompanied by an adult authorized by his parent, guardian, or custodian;
(3) Carrying out an errand or other lawful activity as directed by his parent, guardian, or custodian; or
(4) Participating in, going to, or returning from:
(a) Lawful employment which the laws of Kentucky authorize a person under the age of eighteen (18) to perform; or
(b) A lawful athletic, educational, entertainment, religious, or social event.
(5) When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right to assemble, provided that written notice signed by the minor and countersigned by a parent is in the possession of such minor specifying when, where, and in what manner said minor will be exercising such First Amendment rights;
(6) In case of reasonable necessity but only after such minor's parent has communicated to the Police Department the facts establishing such reasonable necessity;
(7) When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of a next-door neighbor who has not communicated an objection to a police officer or the Police Department;
(8) When the minor is, with parental consent, in a motor vehicle with a lawfully authorized driver;
(9) 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, including all minors that may also be within the vehicle.
(D) Authority of police during curfew hours.
(1) Any police officer may stop and question any minor suspected of violating this section's provisions and may take the minor into custody when found violating provisions of this section. The officer shall take the minor to the city police headquarters where the name, address, and phone number of the minor's parent, guardian, or person having legal custody of him shall be ascertained.
(2) The parent, guardian, or person having legal custody shall be notified of the minor's detention as required by KRS 610.200 and summoned by the investigating officer to appear at police headquarters to assist in the completion of the investigation. If the parent, guardian, or person having legal custody fails to appear within two (2) hours from the time the minor was taken into custody, the investigating officer shall follow the requirements set forth in KRS Chapter 610 and other applicable provisions of the State Unified Juvenile Code, regarding detention or release of the minor.
(3) Unless the nature of the offense or other circumstances are such as to indicate the necessity of keeping the minor in secure custody, the officer shall release the minor to the custody of his parent, guardian, person having legal custody, or other responsible adult.
(4) If the investigating or apprehending officer is satisfied that a violation of division (B) of this section has occurred, he shall cause formal charges to be filed requiring the minor and his parent, guardian, or person having legal custody to appear in the appropriate court to answer the charge of a violation of divisions (B).
(5) If formal charges are to be brought, before a minor is released to the custody of a parent, guardian, person with legal custody, or other responsible adult, the investigating officer shall obtain a written promise signed by such person that the person will bring the minor to the court at the stated time or at such time as the court may order. The written promise, along with the written report of the investigating officer, shall be submitted to the court as required by KRS 610.200.
(E) Violation by a minor of the provisions of this section shall constitute a public offense as contemplated in the provisions of KRS 635.010 et seq. and a complaint filed against a minor for such a violation shall be proceeded against in accordance with the provisions of KRS 635.010, 635.020, 635.060, 635.070, 635.080, 635.085 and 635.100.
(F) Any parent or guardian violating this section shall be subject to a fine of not more than five hundred dollars ($500) or imprisonment for a period not to exceed six (6) months or both.
(Ord. passed - - ; Am. Ord. 10-961, passed 3-22-10)