Except as provided by § 132.04, the following offenses constitute a violation of this chapter.
(A) A juvenile commits an offense by being present in or remaining in any public place or on the premises of any establishment with the town during the restricted hours.
(B) A parent or guardian of a juvenile commits an offense if he or she knowingly permits, or by insufficient control allows the juvenile to remain in any public place or on the premises of any establishment with the town during the restricted hours. The term KNOWINGLY includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a juvenile in the parent’s legal custody. This requirement is intended to hold a neglectful or careless parent up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of the juvenile.
(C) The owner, operator or any employee of an establishment commits an offense if he or she knowingly allows a juvenile to remain upon the premises of the establishment during the restricted hours.
(1) The term KNOWINGLY includes knowledge that an operator or employer should reasonably be expected to have concerning the patrons of an establishment.
(2) The standard for KNOWINGLY shall be applied through an objective test: whether a reasonable person in the operator’s or employee’s position should have known that the patron was a juvenile in violation of this chapter.
(D) It shall be a violation of this chapter for any person 16 years of age or older to aid or abet a juvenile in the violation of division (A) above.
(E) It shall be a violation of this chapter for a parent or guardian to refuse to take custody during the restricted hours of a juvenile for whom the parent or guardian is responsible.
(Prior Code, § K-V-3) Penalty, see § 132.99