(A) Title. This section shall be known and may be cited as the curfew ordinance.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MINOR. Any person under the age of 18, or, in equivalent phrasing, any person who has not yet reached his or her eighteenth birthday.
PARENT. Any person having legal custody of a minor as a natural or adoptive parent, as a legal guardian, or as a person to whom legal custody has been given by order of court.
PUBLIC STREET. A way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. The term STREET includes the legal right-of-way, including but not limited to the traffic lanes, parking lanes, the curb, the sidewalks whether paved or unpaved, and grass plots or other ground found within the legal right-of-way of a street.
PUBLIC PLACE. Any parks, playgrounds, parking lots, vacant lots, land or buildings open to the public, or any property owned by the village, county, state or federal government, any privately or publicly owned property where a minor is present without consent.
SHALL. Is always mandatory and not merely directory.
TIME. Referred to herein, is based upon prevailing standard of time, whether Eastern Standard Time or Eastern Daylight Saving Time, generally observed at that hour by the public in the village.
(C) Hours of curfew. It shall be unlawful for any minor to be in or upon any public street or public places, during the period beginning at 11:00 p.m. and ending at 6:00 a.m. It shall be unlawful for any minor who has not yet reached his or her sixteenth birthday to be in or upon any public street or public places during the period beginning at 10:00 p.m. and ending at 6:00 a.m.
(D) Exceptions. In the following exceptional cases, a minor, who would be found in violation of division (C) above of this section, shall not be considered in violation of this section when any of the following apply:
(1) When accompanied by a parent of the minor;
(2) When accompanied by an adult authorized by a parent of the minor to take the parent’s place in accompanying the minor for a designated period of time and purpose within a specified area;
(3) When 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;
(4) In case of reasonable necessity but only after such minor’s parent has communicated to the Police Department personnel the facts establishing such reasonable necessity and designating the minor’s proposed route, purpose, and the period of time the minor will be in or upon the public streets or public place;
(5) When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next-door neighbor not communicating an objection to the police officer;
(6) When going to or returning home, by a direct route from and within 30 minutes of the commencement of termination of a school activity, or an activity of a religious or other voluntary association, of which prior notice, indicating the place and probable time of commencement or termination, has been given in writing to, and duly filed for immediate reference by, the Chief of Police or the officer assigned by him or her on duty at the police station;
(7) When any minor is traveling to or from a place of legitimate employment;
(8) When the minor is, with parental consent, in a motor vehicle. This contemplates normal travel. From excess of caution, this clearly exempts bona fide interstate movement through the village. This also exempts interstate travel beginning or ending in the village.
(E) Parental responsibility. No parent having legal custody shall knowingly permit or, by inefficient control, allow such minor to be in or on public street or public place under circumstances not constituting an exception to, or otherwise beyond the scope of, this chapter. The term “knowingly” includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent’s custody. It is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It shall be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor.
(F) Police procedures.
(1) A police officer upon finding or having attention called to any minor on the streets in prima facie violation of this chapter, normally shall take the minor to the Police Station, where a parent shall immediately be notified to come for such minor, and whereupon an inquiry shall be made. This inquiry is intended to permit the officer to ascertain, under constitutional safeguards, relevant facts and information to perform his duties. In the absence of convincing evidence such as a birth certificate, a police officer on the street shall in the first instance use his or her best judgment in determining age.
(2) A police officer may, under appropriate circumstances, order such minor to return home or may deliver the minor to the custody of such parent, where, for example, such minor is of a tender age, or where the identity and address of such minor may readily be ascertained or be known.
(3) When a parent, immediately called, has come to take charge of the minor, and the appropriate information has been recorded, the minor shall be released to the custody of such parent. If the parent cannot be located or fails to take charge of the minor, then the minor shall be released to the juvenile authorities, except to the extent that in accordance with police regulation, approved in advance by juvenile authorities, the minor may temporarily be entrusted to a relative, neighbor or other person who will on behalf of a parent assume the responsibility of caring for the minor pending the availability or arrival of a parent.
(4) In the case of a first violation by a minor, the Chief of Police shall send to a parent written notice of the violation with a warning that any subsequent violation will result in full enforcement of this section, including enforcement of parental responsibility and of applicable penalties.
(G) Penalty.
(1) If, after a parent has been warned and given notice of a first violation by a minor, and the minor is found in violation again, this shall be treated as a first offense by the parent. The parent shall be guilty of a minor misdemeanor. For any subsequent offense, a parent shall be guilty of a misdemeanor of the fourth degree.
(2) Any minor who shall violate any of the provisions of this section more than two times shall be reported to the Juvenile Authorities for the treatment, supervision and rehabilitation of such minor.
(Ord. 7-94, passed 2-1-1994; Am. Ord. 18-94, passed 11-1-1994)