(a) It is unlawful for a person less than eighteen (18) years of age to be present at or upon any public assembly, building, place, street, highway, or public way within the village at the following times:
(1) Between eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M. Sundays through Thursdays.
(2) Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. on Saturdays and Sundays.
(b) It shall be unlawful for any parent, legal guardian or other person to knowingly permit a person in his custody or control to violate subsection (a) of this section.
(c) It is not an offense under subsection (a) of this section if the minor was:
(1) Accompanied and supervised by a parent, legal guardian or other responsible companion at least twenty one (21) years of age approved by the parent or legal guardian;
(2) Engaged in an employment activity or occupation which the laws of this state authorize a person under the age of eighteen (18) years to perform, or going to or returning from such an employment or occupation without any detour or stop;
(3) 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.
(d) 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 from the apparent offender and other circumstances known to or discovered by the officer, no defense under subsection (c) of this section is present.
(e) A person convicted of a violation of any provision of this section shall be guilty of a petty offense and shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00). (Ord. 0-04-15, 3-15-2004)