(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GUARDIAN. Any person other than a parent who has legal guardianship of a minor.
MINOR. Any person under the age of 18.
PARENT. The natural or adoptive parent of a minor.
PUBLIC PLACE. Any street, alley, highway, sidewalk, parking lot, park, playground, or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A PUBLIC PLACE shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, café, theater, drug store, pool room, shopping center, and any other place devoted to amusement or entertainment of the general public. It shall also include the area in front of any of the above places.
(B) It is unlawful for any minor to remain, idle, wander, stroll, or play in any public place either on foot or to drive about without a set destination in any vehicle in, about, or upon any public place in the city between the hours of 11:00 p.m. in the evening and 6:00 a.m. in the morning from Sunday evening through Friday morning, or between the hours of 1:00 a.m. and 6:00 a.m. on a Saturday or Sunday, unless:
(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 city, 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 is unlawful for any person, firm, or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors between the hours of curfew designated in division (B) above.
(D) It is unlawful for any parent, guardian, or other adult person having custody or control of any minor to suffer or permit or by inefficient control to allow such person to be on any public place within the city between the hours of curfew designated in division (B) above. The provisions of this section do not apply if:
(1) The minor is accompanied by a parent, guardian, custodian, or other adult person having the care, custody, or control of the minor;
(2) The minor is on an emergency errand or specific business or activity directed by his or her parent, guardian, custodian or other adult having the care and custody of the minor; or
(3) The parent, guardian, or other adult person herein has made a missing person notification to the City Police Department.
(E) Any minor attending a special function or entertainment or any church, school, club, or other organization that requires such minor to be out at a later hour than that called for in division (B) above shall be exempt from the provisions of this section if the church, school, club, or other organization has registered in advance with the Chief of Police or his or her designee to have the minor stay out to this later hour. The registrant shall state the time the function or entertainment will end; minors who attend the function shall be required to be returned to their homes or usual places of abode no later than one-half hour after the closing time of the registered event.
(F) A parent, guardian, or custodian of such minor may file a written application directed to the Chief of Police of the city who may grant a special exemption of enforcement of the curfew provided by this section being required as to such minor, which exemption shall not exceed five consecutive days, or in the alternative, two days of any week for a period not to exceed 30 days. All requests shall be filed with the City Clerk.
(G) The Chief of Police shall have the authority to grant or reject any request for an exemption to enforcement of the curfew provided by this section or may reduce the time limit of such exemption. However, any applicant for such exemption, feeling aggrieved by the action of the Chief of Police, may file a request for hearing before the Judge of the Municipal Court of the city who shall summarily hear same and his or her judgment shall be final.
(H) Any law enforcement officer, upon finding a minor in violation of division (B) above, shall ascertain the name and address of such minor and warn the minor that he or she is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The officer shall report such action to the juvenile officer of the Police Department, who, in turn, shall notify the parents, guardian, or person having control of the minor.
(I) If the minor refuses to heed the warning or direction by any law enforcement officer or refuses to give the law enforcement officer his or her correct name and address, or if the minor has been warned on a previous occasion that he or she is in violation of curfew, he or she shall be taken to the Police Department and the parent, guardian, or other adult person having the care and custody of such minor shall be notified to come and take charge of the minor. If the parent, guardian, or other adult person above cannot be located or fails to come and take charge of the minor, the minor shall be released to the juvenile authorities.
(J) The custodial parent, guardian, or other adult person having the care and custody of a minor violating this section shall, after having been previously notified under divisions (H) and (I) above, and any owner, operator, or employee of any public place as defined herein who violates this section, shall be guilty of an offense and punished as provided in § 130.99 of this title.
(Prior Code, § 133.12) (Ord. 1157, passed 2-12-1991) Penalty, see § 130.99