It shall be not considered a violation of this subchapter, and it shall be a defense to any prosecution under § 130.53(B) if during the event and time in question, the minor was:
(A) Accompanied by his or her parent or guardian;
(B) Accompanied by an adult authorized by a parent or guardian of such minor;
(C) When the minor, who is a duly-authorized and licensed driver, is operating a motor vehicle within the City of Owensboro or the county for the purpose of passing through, by direct route, from one location to an other, either within or out of the city or county, including all minors that may also be within the vehicle;
(D) Involved in an emergency;
(E) Engaged in any lawful employment activity, or going to or returning home from any lawful employment activity, without any detour or stop;
(F) When in the case of reasonable necessity, said minor is on an errand at the direction of his or her parent or guardian, without any detour or stop;
(G) When in the case of other reasonable necessity, but only after such minor’s parent or guardian has communicated to the County Sheriff’s Office or the Owensboro Police Department the facts establishing such reasonable necessity;
(H) When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of the minor’s next-door neighbor who has not communicated an objection to a state or local law enforcement officer;
(I) When attending an official school, religious, recreational, or other organized activity supervised by adults and sponsored by the county or City of Owensboro, 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, recreational, or other organized activity supervised by adults and sponsored by the county or the City of Owensboro, a civic organization, or other similar entity that takes responsibility for said minor;
(J) Exercising First Amendment rights protected by the U.S. Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(K) When authorized by permit issued by the County Judge/Executive or the City Manager, as appropriate, in cases of reasonable necessity involving more minors than city or county festivals, fairs, expositions, or other organized may reasonably be dealt with on an individual basis (e.g., celebrations or memorials; school, church, civic event, or other recreational events of a special nature). The County Judge/Executive or the City Manager, as the case may be, shall publicly advertise any permit sufficiently in advance of the event or occasion, through the news media, schools, or other appropriate agencies. The permit shall define the activity, the scope of the use of the public place permitted, and the period of time involved, not to extend more than one hour beyond the time for termination of the activity, and the reason why the regulation (or permit) is reasonably necessary. A copy of the permit shall be forwarded to the appropriate law enforcement agency in advance of the date of the activity or event in question.
(Ord. 1011.1, passed 5-19-1999)