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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS. 11:00 p.m. until 6:00 a.m. on the following day.
EMERGENCY. An unforeseen combination of circumstances or the resulting state thereof 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. Either 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 a court.
MINOR. Any person under 16 years of age.
OPERATOR. Any individual, firm, association, partnership or corporation which operates, manages or conducts 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 either a natural parent, adoptive parent or step-parent, foster parent, legal guardian or a person who is at least 21 years of age and authorized by a minor’s parent or guardian to have the care and custody of the minor.
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, shops and movie theaters.
SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death or that causes death, severe permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(Prior Code, § 130.035) (Ord. 97-16, passed 8-4-1997)
(A) It shall be unlawful for a minor to be in any public place or on the premises of any establishment within the city during curfew hours.
(B) It shall be unlawful for a parent or guardian of a minor to knowingly permit or by insufficient control allow the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(C) It shall be unlawful for an owner, operator or any employee of an establishment to knowingly allow a minor to remain upon the premises of the establishment during curfew hours.
(D) It shall be a complete defense to prosecution under this section that the juvenile was acting within the provisions of § 132.22 of this code.
(Prior Code, § 130.036) (Ord. 97-16, passed 8-4-1997) Penalty, see § 132.99
Statutory reference:
Similar state law, see Neb. Rev. Stat. § 16-246
The following are exemption from the provisions of this subchapter:
(A) At any time, if the juvenile is accompanied by the juvenile’s parent, legal guardian or other responsible person over the age of 21, and approved by the juvenile’s parent, guardian, custodian or other adult person having custody of the juvenile to accompany the juvenile;
(B) If the juvenile is legally employed, for the period of one-half hour before to one-half hour after work, while traveling, using the most direct route, between the juvenile’s home and place of employment. This exception shall also apply if the juvenile is in the juvenile’s place of employment during curfew hours;
(C) If the juvenile is coming directly home from an adult organized/sponsored activity or place of public entertainment such as a movie, play or sporting event. This exception will apply for one-half hour after completion of such event, while traveling, using the most direct route, between the event site and the juvenile’s residence;
(D) If the juvenile is traveling by direct routes to or from an event sponsored by an accredited educational institution;
(E) If the juvenile is in a motor vehicle engaged in interstate travel with the consent of a parent, guardian, or other adult person having custody or control of the juvenile through the state;
(F) If the juvenile is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of freedom of speech, religion and the right of assembly;
(G) If the juvenile is on an emergency errand directed or permitted by the juvenile’s parent, guardian, custodian or other person having custody or control of the juvenile; or
(H) If the juvenile is married, or has been married, and thus has been emancipated in the state.
(Prior Code, § 130.037) (Ord. 97-16, passed 8-4-1997)
(A) Before taking any enforcement action under this subchapter, the law enforcement official shall ask the apparent offender’s age and reason for being in the public place. No citation shall be issued, or arrest made under this section unless there is a reasonable suspicion that an offense has occurred and that, based on any response and other circumstances, no defense in § 132.22 of this code is present.
(B) If a police officer takes a juvenile into custody for violating any of the provisions of this subchapter, that police officer shall deliver or arrange to deliver the juvenile either to:
(1) The juvenile’s parent, guardian, custodian or other adult person having custody or control of the juvenile;
(2) A relative of the juvenile, over the age of 18, who is willing to assume temporary custody of the juvenile;
(3) The Police Department; or
(4) The state’s Department of Health and Human Services.
(Prior Code, § 130.038) (Ord. 97-16, passed 8-4-1997)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 130.99 of this code of ordinances.
(B) Any person violating § 132.01 of this code, in lieu of the other penalties set out in § 130.99, may be sentenced to work on public streets, in parks or on other public property for a period not exceeding ten working days. The work shall be under the supervision of the County Sheriff. Upon the written certification by the County Sheriff of the performance of the work, the sentence shall be satisfied.
(Prior Code, § 130.999)
(C) Any person found to be in violation of § 132.02 of this code, upon conviction thereof, shall be fined as follows:
(1) First offense: $10 plus costs;
(2) Second offense: $25 plus costs; and
(3) Third and subsequent offenses: $50 plus costs.
(Prior Code, § 130.126)
(Ord. 97-16, passed 8-4-1997; Ord. 98-41, passed 11-2-1998; Ord. 18-54, passed 11-19-2018; Ord. 21-07, passed 2-16-2021)