The following circumstances are hereby established as affirmative defenses to any criminal or civil proceedings for any violation of this chapter:
(1) The minor was:
(a) Accompanied by the parent or guardian thereof;
(b) In a motor vehicle in the course of interstate travel;
(c) Engaged in any employment activity, or going to or returning home from any employment activity, without any detour or stop;
(d) Involved in an emergency;
(e) Attending any school or religious activity, or any recreational activity supervised by adults and sponsored by either the city, a civic organization, another similar entity, or an adult that takes responsibility for the minor, or going to or returning home from any such activity, without any detour or stop;
(f) Exercising any rights secured and protected by the First Amendment to the United States Constitution, such as the free exercise of religion, freedom of speech and the right of peaceable assembly;
(g) Married or otherwise emancipated; or
(h) Authorized by regulation issued by the City Administrative Officer in cases of reasonable necessity involving more minors than may reasonably be dealt with on an individual basis. Such regulation should be issued sufficiently in advance to permit publicity through news media and through other agencies such as the schools. The regulation shall define the activity, the scope of the use of the public assembly, building, place, street, or highway permitted, and the period of time involved not to extend more than one hour beyond the time for termination of the activity, and the reason for finding that such regulation is reasonably necessary. The city Administrative Officer shall notify the police department of such regulation.
(2) The owner, operator or employee of an establishment has promptly notified the police department of the city that a minor was present on the premises during curfew hours and refused to leave.
(Ord. O-2-96, passed 2-5-96)