(A) Curfew for minors.
(1) It is a curfew violation for a child 13, 14, 15, 16 or 17 years of age to be in a public place:
(a) After 1:00 a.m. and before 5:00 a.m. on Saturday or Sunday;
(b) After 12:00 a.m. on Sunday, Monday, Tuesday, Wednesday or Thursday; or
(c) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday or Friday.
(2) It is a curfew violation for a child under 13 years of age to be in a public place after 10:00 p.m. or before 5:00 a.m. on any day.
(B) Exemptions. This section does not apply to a child who is:
(1) Accompanied by his or her parent, guardian or custodian;
(2) Accompanied by an adult specified by his or her parent, guardian or custodian;
(3) Carrying out an errand or other lawful activity as directed by his or her parent, guardian or custodian; or
(4) Participating in, going to or returning from:
(a) Lawful employment; or
(b) A lawful athletic, educational, entertainment, religious or social event.
(C) Authority of police during curfew hours.
(1) Any police officer may stop and question any minor suspected of violating any of the provisions of this section and may take the minor into custody when found violating any of the said provisions. The officer shall take the minor to the town police headquarters where the name of the minor's parent, guardian or person having legal custody of him or her shall be ascertained.
(2) The parent, guardian or person having legal custody shall be notified of the child's detention and summoned by the investigating officer to appear at police headquarters to assist in the completion of the investigation. If the parent, guardian or person having legal custody fails to appear within two hours from the time the child was taken into custody, the investigating officer shall follow the requirements set forth in state law and division (C)(3) below, regarding detention or release of the child.
(3) Unless the nature of the offense or other circumstances are such as to indicate the necessity of keeping the child in secure custody, the officer shall release the child to the custody of his parent, guardian, person having legal custody or other responsible adult.
(4) If the investigating or apprehending officer is satisfied that a violation of division (A) of this section has occurred, he or she shall cause formal charges to be filed requiring the child and his or her parent, guardian or person having legal custody to appear in the appropriate court to answer the charge of a violation of division (A) above.
(5) If formal charges are to be brought, before a child is released to the custody of a parent, guardian, person with legal custody, or other responsible adult, the investigating officer shall obtain a written promise signed by the person that the person will bring the child to the court at the stated time or at such time as the court may order. The written promise, along with the written report of the investigating officer, shall be submitted to the court.
(1992 Code, § 130.03) Penalty, see § 130.99
Cross-reference:
Youth protection, see Ch. 97