(a) Definitions. In this section:
(1) “Curfew hours” means:
A. From 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. on the following day; and
B. From 12:00 midnight on any Friday or Saturday until 6:00 a.m. on the following day.
(2) “Emergency” means 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.
(3) “Establishment” means 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.
(4) “Guardian” means:
A. A person who, under court order, is the guardian of the person of a minor; or
B. A public or private agency with whom a minor has been placed by a court.
(5) “Minor” means any person under eighteen (18) year of age.
(6) “Operator” means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
(7) “Parent” means a person who is:
A. At least twenty one (21) years of age ad authorized by a parent or guardian to have the care and custody of a minor.
(8) “Public place” means 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 and shops.
(9) “Remain” means 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.
(b) Offenses.
(1) A minor commits an offense if he is found or remains in any public place or on the premises of any establishment within the Municipality during curfew hours.
(2) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to be or remain in any public place or on the premises of any establishment within the Municipality during curfew hours. An adjudication of the minor under subsection (b)(1) hereof shall not be necessary for a violation of this subsection.
(3) The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to be or remain upon the premises of the establishment during curfew hours.
(c) Defenses.
(1) It is a defense to prosecution under subsection (b) hereof that the minor was:
A. Accompanied by the minor’s parent or guardian;
B. On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
C. In a motor vehicle involved in interstate travel;
D. Engaged in any employment activity, or going to or returning home from an employment activity, without any detour or stop;
E. Involved in an emergency;
F. 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;
G. Attending an official school, religious or other recreational activity supervised by adults and sponsored by the Municipality, 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 Municipality, a civic organization, or another similar entity that takes responsibility for the minor;
H. Exercising First Amendment right protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(2) It is a defense to prosecution under subsection (b)(3) hereof that 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.
(d) Enforcement. 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. 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 (c) hereof is present.
(e) Penalty.
(1) Any minor who is alleged to be in violation of Section 559.01(b)(1) shall be alleged to be an unruly child, and shall be dealt with in accordance with law and procedure applicable to juvenile offenders;
(2) Whoever violates Section 559.01(b)(2) or (b)(3) shall be guilty of contributing to the unruliness of a minor within the meaning of Section 2919.24, a misdemeanor of the first degree. Provided, however, that unless the complaint upon which the prosecution is instituted contains the allegation that the offender has previously been convicted of this offense within six months of the violation, said violation shall be a minor misdemeanor.
CODIFIED ORDINANCES OF FREMONT