A. Definitions: For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
EMERGENCY ERRANDS: A task that, if not completed promptly, threatens the health, safety, or comfort of the minor or a member of the minor's household. The term shall include, but shall not be limited to, seeking urgent medical treatment, seeking urgent assistance from law enforcement or fire department personnel, and seeking shelter from the elements or urgent assistance from a utility company due to a natural or humanmade calamity.
OFFICIAL CITY TIME: The time of day as determined by reference to the master clock used by the police department.
PLACES OF AMUSEMENT, ENTERTAINMENT, OR REFRESHMENT: Those places that include, but are not limited to, movie theaters, pinball arcades, shopping malls, nightclubs catering to minors, restaurants, and pool halls.
PRIMARY CARE OR PRIMARY CUSTODY: The person who is responsible for providing food, clothing, shelter, and other basic necessities to the minor. The person providing primary care or custody to the minor shall not be another minor.
SCHOOL ACTIVITY: An event which has been placed on a school calendar by public or parochial school authorities as a school sanctioned event.
VACANT LOT: A parcel of property that is not occupied by a permanent dwelling and does not adjoin the property where the dwelling occupied by the minor is located.
B. Age And Hour Restrictions:
1. Minors:
a. Minors Under Age Of Sixteen: No minor under the age of sixteen (16) years shall be in or upon the public streets, alleys, parks, playgrounds or other public grounds, public places, or public buildings; nor in or upon places of amusement, entertainment or refreshment; nor in or upon any vacant lot, between the hours of nine thirty o'clock (9:30) P.M. and five o'clock (5:00) A.M. the following day, official city time.
b. Minors Ages Sixteen To Eighteen: No minor of the ages of sixteen (16) or seventeen (17) years shall be in or upon the public streets, alleys, parks, playgrounds or other public grounds, public places, or public buildings; nor in or upon places of amusement, entertainment or refreshment; nor in or upon any vacant lot, between the hours of twelve o'clock (12:00) midnight and five o'clock (5:00) A.M. the following day, official city time.
2. Parks 1 : It shall be unlawful for any person to use, occupy, or enter any public park within the city between the hours of ten o'clock (10:00) P.M. and five o'clock (5:00) A.M. of the following day, official city time.
C. Loitering At Businesses Prohibited:
1. It shall be unlawful for any person, firm or corporation operating or in charge of any place of amusement, entertainment or refreshment, or any other place of business located within the city to permit a minor to loiter, loaf, or idle in such a place during the hours prohibited by this section.
2. Whenever the owner or person in charge or in control of any place of amusement, entertainment, refreshment, or other place of business located within the city shall find minors loitering, loafing, or idling in such place of business, he shall immediately order such persons to leave, and if such persons refuse to leave the said place of business, the operator shall immediately notify the police department and inform them of the violation.
D. Effect On Control By Responsible Adult: Nothing in this section shall be construed to give a minor the right to stay out until the curfew hours designated in this section if otherwise directed by a parent, guardian, or other adult person having the primary care and custody of the minor; nor shall this section be construed to diminish or impair the control of the adult person having the primary care or custody of the minor.
E. Responsibility Of Parent, Guardian Or Adult: No parent, guardian, or other adult having the primary care or custody of any minor shall permit any violation of the requirements of this section by the minor.
F. Exceptions: The provisions of this section shall not apply in the following situations:
1. To a minor accompanied by his or her parent or guardian, or other adult person having the primary care and custody of the minor.
2. To a minor who is upon an emergency errand.
3. To a minor who is in any of the places described in this section if in connection with or as required by an employer engaged in a lawful business, trade, profession, or occupation; or to a minor traveling directly to or from the location of the business, trade, profession, or occupation and the minor's residence. Minors who fall within the scope of this exception shall carry written proof of employment and proof of the hours the employer requires the minor's presence at work.
4. To a minor who is participating in or traveling directly to or from an event which has been officially designated as a school activity by public or parochial school authorities; or who is participating in or traveling directly to or from an official activity supervised by adults and sponsored by the city, a civic organization, school, religious institution, or similar entity that takes responsibility for the minor and with the permission of the minor's parent, guardian, or other adult person having the primary care and custody of the minor.
5. To a minor who is passing through the city in the course of interstate travel during the hours of curfew.
6. To a minor who is attending or traveling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly, or freedom of religion.
7. To minors on the sidewalk abutting his or her residence or abutting the residence of a next door neighbor if the neighbor does not complain to the city's designated law enforcement provider about the minor's presence.
8. To a minor who is married or has been married, or is otherwise legally emancipated.
G. Misdemeanor Violation; Administrative Penalty: Any person violating any of the provisions of this section is guilty of a misdemeanor. This section may also be enforced through the city administrative penalties ordinance 1 . (Ord. 136, 10-8-2007)
Notes
| 1 | 1. See also section 7-4-1 of this code. |
| 1 | 1. See title 1, chapter 4, article B of this code. |