(A) (1) It shall be unlawful for any minor person to be upon the public streets or other public places, vacant lots or other unsupervised places, within the city between the hours of:
(a) Ten p.m. to 5:00 a.m. of the following day, of all days of the week, for any person under the age of 16 years; and
(b) Twelve p.m. to 5:00 a.m. of the following day, of all days of the week, for those persons of 16 and 17 years of age.
(2) Any person who would otherwise be in violation of division (A)(1) above, shall not be in violation if any of the following exceptions apply:
(a) When the minor person is accompanied by a parent, guardian or other adult person having the care or custody of such minor person;
(b) When the minor person is accompanied by an adult authorized by a parent, guardian or other adult person having the care or custody of such minor person, to take said person’s place in accompanying said minor for a designated period of time and purpose within a specified area;
(c) When the minor person is upon an emergency errand or legitimate business as directed by his or her parent, guardian or other adult person having the care or custody of such minor person;
(d) When the presence of such minor is as the result of some legitimate employment, trade, profession or occupation in which the minor person is engaged;
(e) When the minor person is upon the sidewalk or property where the minor resides;
(f) When the minor person is returning home from a school activity or an activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event or any such activity of the kind normally attended by minors 17 years and under; provided that, when such activity terminates after or less than one hour prior to the respective curfews, the curfew shall commence one hour after the termination of such activity;
(g) When the minor is, with parental consent, engaged in normal interstate travel through the city, or originating or terminating in the city; and
(h) When the minor is married or has been married pursuant to state law, or is emancipated.
(3) It shall be unlawful for the parent, guardian or other adult person having the care or custody of a minor person to allow or permit such minor person to do any act which is prohibited by this division (A).
(4) No minor person, arrested under the provisions of this division (A) shall be placed in confinement until he or she has been taken home, or the parent, guardian or other adult person having the care or custody of such minor person has been notified, and the arresting officer has ascertained whether such minor person is within the control of his or her parents, guardian or other adult person having the care or custody of said minor person; and, if such parent, guardian or other adult person having the care or custody of said minor person shall state to such arresting officer that said minor cannot be controlled by him or her, then such minor may be proceeded against. Otherwise, the parent, guardian or other adult person having the care or custody of said minor person may also be proceeded against.
(5) Any minor under the age of 16 years of age violating the provisions of this section shall be dealt with in accordance with the Juvenile Court Law of the state and procedure thereunder.
(1976 Code, § 6-254)
(B) It shall be unlawful for any minor under the age of 17 years to loiter, wander, stroll, drive, play or otherwise be in or upon any of the streets, alleys, parks or other public places in the city on October 31 of each year, commonly known as “Halloween Night”, after the hour of 8:00 p.m. and before the hour of 5:00 a.m. of the following day, unless said minor is accompanied by a parent, guardian or other adult person having the care or custody or control of said individual under the age of 17 years; or unless said individual is engaged in lawful employment, or is traveling to and from such employment. This division (B) shall not apply in the event the individual under the age of 17 years is engaged in an emergency errand. No minor under the age of 17 years detained by city’s Police Department personnel under the provisions of this division (B) shall be placed in confinement until after efforts have been made to return said minor to his or her home, or until after the parent, guardian or other adult person having the obligation for the care, custody and control of said minor under the age of 17 years have been notified of the detention of said minor child and said parent, guardian or other adult person has informed the detaining police officer that said minor cannot be controlled by said parent, guardian or other adult person. Any individual under the age of 17 years violating the terms of this division (B) may be charged and prosecuted as provided herein notwithstanding that said minor has been taken to his or her home, or the parent, guardian or other adult person having an obligation to the care, custody and control of said individual has been informed as to the detention of said minor individual as provided herein.
(1976 Code, § 6-255)
(Ord. 565, passed 10-20-1977; Ord. 1010, passed 10-8-1990; Ord. 1220, passed 7-8-1996) Penalty, see § 130.99