(a) No minor under the below indicated years of age shall loiter, idle, wander, stroll play or be present in or upon public grounds, public places, public buildings, places of amusement and entertainment, vacant lots or other lots or parcels of land that are not such minor's place of residence, or other unsupervised places within the Municipality between the hours indicated below:
(1) 12 years of age and under - 9:00 p.m. to 6:00 a.m. of the following day.
(2) 13 and 14 years of age - 10:00 p.m. to 6:00 a.m. of the following day.
(3) 15 and 16 years of age - 11:00 p.m. to 6:00 a.m. of the following day.
(4) 17 years of age - 12:00 midnight to 6:00 a.m.
(b) However, the provisions of division (a) of this section do not apply to a minor accompanied by his or her parent, guardian or other adult person having the care and custody of the minor; where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor; where the minor has a legitimate excuse; where the minor is returning home from a legitimate civic or community association activity, such as a religious or school meeting, an organized dance or a theater or sporting event, within 60 minutes of its termination; where the minor is traveling to or from legitimate night-time employment, and can produce evidence of such employment; or where the minor is traveling through the Village on an interstate or intrastate trip.
(c) Every member of the police force, while on duty, is hereby authorized to detain any minor willfully violating the provisions of this section until the parent or guardian of the minor shall take him or her into custody, but such officer shall immediately, upon taking custody of the minor, communicate with the parent or guardian.
(d) Each violation of the provisions of division (a) of this section shall constitute a separate offense. The times herein mentioned shall be Eastern Standard Time or Eastern Daylight Saving Time, whichever is the official Village time.
(e) No parent, guardian or other adult person having the care and custody of a minor under the age of 18 years shall knowingly permit such minor to loiter, wander, stroll, play or be present in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other lots or parcels of land that are not such minor's place of residence, or other unsupervised places, between the hours set forth in division (a) of this section, provided, however, that the provisions of this section do not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor; where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor; where the minor has a legitimate excuse; where the minor is returning home from a legitimate civic or community association activity, such as a religious or school meeting, an organized dance or a theater or sporting event, within 60 minutes of its termination; where the minor is traveling to or from legitimate night-time employment, and can produce evidence of such employment; or where the minor is traveling through the Village on an interstate or intrastate trip.
(f) Any school, church or other organization which desires to hold entertainment for minors, and which entertainment shall require such minors to be out at a later hour than in curfew, such minors shall make applications to the Chief of Police for permission to have the minors stay out to this later hour. The application shall state the time the entertainment will end, and the minors who attend this function shall be required to be off the public streets one hour after the function has ended.
(g) No person shall aid, abet, influence or encourage any minor to violate any prohibition contained in this section.
(h) (1) No minor between the ages of 6 and 18 years of age shall be in any public place within the Village except in attendance at school or at a school-sponsored or authorized program during regularly scheduled school hours for such minor on any school day, unless:
A. The minor has written proof from school authorities that he or she is excused from school attendance at that particular time; or
B. The minor is accompanied by his or her parent or legal guardian or a responsible adult selected by the parent or legal guardian to supervise the child; or
C. The minor is employed pursuant to an age or schooling certificate, during actual working hours, or traveling directly to or from the job site.
It shall be an affirmative defense to this division that the minor is not required by state law to be in attendance at school.
(2) A. No parent or legal guardian of a minor between the ages of 6 and 18 years of age shall negligently allow or permit a minor to violate division (a) above.
(2) A. No parent or legal guardian of a minor between the ages of 6 and 18 years of age shall negligently allow or permit a minor to violate division (a) above.
B. It shall be an affirmative defense to this section that the parent or legal guardian has initiated the jurisdiction of the Juvenile Court against the minor prior to the time that the minor was found violating division (a) of this section.
(i) If a minor is suspended or expelled from school, that minor's parent or legal guardian shall for the duration of the suspension or expulsion:
(1) Personally supervise the minor or arrange for a responsible adult to supervise the minor at the times that the minor would have been required to be in attendance at school, had he or she not been expelled or suspended;
(2) Prohibit the minor from being in any public place at the times the minor would have been required to be in attendance at school, had he or she not been suspended or expelled unless:
A. The minor is accompanied by his or her parent or legal guardian or a responsible adult selected by the parent or legal guardian to supervise the child.
B. The minor is employed pursuant to an age or schooling certificate, during actual working hours, or traveling directly to or from the job site.
(3) The following shall be affirmative defenses to this section:
A. The minor is not required by state law to be in attendance at school; or
B. The parent or legal guardian has initiated the jurisdiction of the Juvenile Court against the child prior to the time that he or she violated division (a) of this section.
(j) Each violation of the provisions of division (e) of this section shall constitute a separate offense.
(k) Any minor violating the provisions of division (a) of this section shall be dealt with in accordance with Juvenile Court law and procedure. Any parent, guardian or other adult person having the care and custody of a minor, who violates division (e) of this section is guilty of a minor misdemeanor.
(Ord. 1990-101. Passed 9-26-90; Ord. 2002-52. Passed 4-10-02.)