(A) It shall be unlawful for any child under the age of 14 years to be on the streets or other public places in the village between the hours of 10:00 p.m. and 5:00 a.m., except on Friday and Saturday the hours shall be 11:00 p.m. to 5:00 a.m.; or for any child between the ages of 14 and 18 years to be on the streets or other public places in the village between the hours of 11:00 p.m. and 5:00 a.m. except on Friday and Saturday the hours shall be 12:00 p.m. (midnight) to 5:00 a.m.
(B) A citation for violation of division (A) of this section may be issued by a police officer only if the officer reasonably believes that a violation has occurred and none of the defenses enumerated in this division (B) apply. It is a defense to a violation under this section that the person engaged in the prohibited conduct while:
(1) Accompanied by the minor's parent or guardian;
(2) On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the Village of Dalton, a civic organization, or another similar entity that takes responsibility for the minor;
(8) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(9) Married or had been married or had disabilities of minority removed in accordance with state law.
(C) It shall be unlawful for any parent, guardian or other person lawfully entitled to the care, custody and control of any child to allow such child to be unlawfully upon the streets or other public places in the village in violation of division (A) above.
(D) (1) Any minor violating the provisions of division (A) above shall be taken into custody by the Police Department and turned over to the Juvenile Court of Wayne County to be dealt with under the laws of the state.
(2) Any person violating the provisions of division (B) above shall be deemed guilty of a misdemeanor and fined not to exceed $50 or imprisoned not to exceed 30 days or both.
(E) Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, including any investigation that a reasonable person would deem necessary, none of the exceptions enumerated in this section apply.
(Prior Code, § 132.13) (Ord. 274, passed 2-14-1966)