(a) As used in this section:
(1) "Adult person" shall mean a person eighteen years of age or older;
(2) "Minor" shall mean any person under eighteen years of age;
(3) "Emergency" shall mean an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life;
(4) "Establishment" shall mean any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment;
(5) "Guardian" shall mean:
A. Any person who, under court order, is the guardian of a minor; or
B. Any public or private agency with whom a minor has been placed into the care or control by court order.
(6) "Operator" shall mean any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. "Operator" includes but is not limited to members or partners of an association or partnership and the officers of a corporation;
(7) "Parent" shall mean a person who is:
A. A natural parent, adoptive parent, or step-parent of a minor; or
B. At least eighteen years of age and authorized by a parent, as set forth in subsection (a)(7)(A) of this section, or guardian to have the care and custody of a minor;
(8) "Public Place" shall mean any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, parks, or recreation facilities;
(9) "Remain" shall mean to:
A. Linger or stay; or
B. Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises, establishment, or facility; and:
(10) "Serious Bodily Injury" shall mean bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(b) No minor under the age of fifteen years shall remain in any public place or on the premises of any business establishment or facility between the consecutive hours of 10:01 p.m. in the evening until 5:00 a.m. in the morning of the following day.
(c) No minor under the age of eighteen years shall remain in any public place or on the premises of any business establishment or facility between the consecutive hours of 11:01 p.m. in the evening until 5:00 a.m. in the morning of the following day.
(d) No parent, guardian or other adult person having the care and custody of a minor falling within the purview of subsections (b) or (c) of this section shall knowingly permit such minor to be in violation of subsections (b) or (c), whichever is applicable.
(e) No owner, operator, or any employee of an business establishment or facility shall knowingly permit any minor falling within the purview of subsections (b) or (c) of this section to remain upon the premises of the establishment or facility during the applicable curfew hours set forth in subsections (b) or (c) of this section.
(f) The provisions of subsections (b) and (c) of this section do not apply to any of the following where:
(1) A minor is accompanied by a parent, guardian or other adult person having the care and custody of the minor;
(2) A minor is upon an errand or legitimate business, without any intervening detour or unnecessary stop, as directed by a parent, guardian or other adult person having care and custody of the minor;
(3) A minor is engaged in interstate travel;
(4) A minor is involved in an emergency;
(5) A minor is engaged in an employment activity, or going to or returning to the minor's home from an employment activity, without any detour or unnecessary stop;
(6) A minor is 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) The minor is attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Deer Park, a civic organization, or other entity that takes responsibility for the minor, or the minor is going to or returning to the minor's home from, without any detour or unnecessary stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Deer Park, a civic organization, or entity that takes responsibility for the minor;
(8) The minor is 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) The minor is married or had been married or had disabilities of minority removed in accordance with Ohio law.
(g) The provisions of subsection (e) of this section do not apply where the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(h) 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 or establishment. 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, no defense in subsection (f) of this section is present.
(i) Any minor found in violation of this section shall, for the safety of the minor, be taken into custody of the City of Deer Park Police Department or, at the discretion of the City of Deer Park Police Department, be placed in an appropriate youth services agency or bureau, whereupon the parent, guardian or adult person having care and custody of the detained minor shall be notified to make an appearance at the place where the minor is detained. Upon the appearance of the parent, guardian or adult person having care and custody of the detained minor, the minor shall be released. In the event no parent, guardian or adult person having care and custody of the detained minor personally appears for the detained minor, then such minor shall be transferred to juvenile agency authorities in accordance with any applicable law.
(j) The penalty for any parent, guardian or other adult person having the care and custody of a minor who violates subsection (d) of this section shall be as follows:
(1) In cases of a first offense, a written warning shall be issued by a City of Deer Park Police officer, after which the child shall be immediately taken within the care and custody of the parent, guardian or other adult person;
(2) In cases of a second offense, such parent, guardian or other adult person shall be guilty of a minor misdemeanor; or
(3) In cases of a third or subsequent offense, such parent, guardian or other adult person shall be guilty of a misdemeanor of the fourth degree.
(k) Minors who are in violation of subsection (b) or (c) of this section shall be cited to and prosecuted in the Hamilton County, Ohio juvenile court in accordance with Ohio Revised Code Chapter 2151.
(l) The penalty for any owner, operator, or any employee of the business establishment or facility in violation of subsection (e) of this section shall be as follows:
(1) In cases of a first offense, a written warning shall be issued by a City of Deer Park Police Officer;
(2) In cases of a second offense, such owner, operator, or employee of the business establishment or facility shall be guilty of a minor misdemeanor; or
(3) In cases of a third or subsequent offense, such owner, operator, or employee of the business establishment or facility shall be guilty of a misdemeanor of the fourth degree.
(m) A separate offense shall be punishable for each particular violation of this section. (Ord. 97-31. Passed 10-13-97.)