(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CUSTODIAN. Any person over the age of 21 years who is in loco parentis to a minor.
GUARDIAN. Any person other than a parent who has legal guardianship of a minor.
MINOR. Any person under the age of 18; and, where year of age continues from one birthday, such as the seventeenth to (but not including the day of) the next, such as the eighteenth birthday, making it clear that 17 or less years of age is herein treated as equivalent to the phrase “under 18 years of age.”
PARENT. The natural or adoptive parent of a minor.
PUBLIC PLACE. Any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. A PUBLIC PLACE shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, café, theater, drugstore, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the places listed herein.
(B) Hours of restriction; exceptions. It is unlawful for any minor to remain, wander, stroll or play in any public place on foot or to cruise about without a set destination in any vehicle in, about or upon any public place in the town between the hours of 10:30 p.m. and 6:00 a.m., unless:
(1) Accompanied by the minor’s parent or guardian;
(2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) 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;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, 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 city, a civic organization, or another similar entity that takes responsibility for the minor;
(8) 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; or
(9) Married or had been married or had disabilities of minority removed in accordance with state law.
(C) Allowing minors on premises after curfew. It is unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors between the hours of curfew designated in division (B) above.
(D) Parental responsibility; exceptions. It is unlawful for any parent, guardian, custodian or other adult person having custody or control of any minor to suffer or permit or by inefficient control to allow such person to be on any public place within the town between the hours of curfew designated in division (B) above. The provisions of this section do not apply if:
(1) The minor is accompanied by a parent, guardian, custodian or other adult person having the care, custody or control of the minor;
(2) The minor is on an emergency errand or specific business or activity directed by his or her parent, guardian, custodian or other adult having the care and custody of the minor; or
(3) The parent, guardian or other adult person herein has made a missing person notification to the Town Police Department.
(E) Special events or functions. The Board of Trustees may permit by resolution or motion procedures for advance notice or registration with the town of special events or functions sponsored by churches, schools, clubs or other organizations which require minors to be out at a later time. The Board of Trustees may also prescribe the procedures for taking into custody minors found in violation of this section.
(F) Application for exemption.
(1) A parent, guardian or custodian of such minor may file a written application directed to the Chief of Police of the town who may grant a special exemption of enforcement of the curfew provided by this section being required as to such minor, which exemption shall not exceed five consecutive days, or in the alternative, two days of any week for a period not to exceed 30 days. All requests shall be filed with the Town Clerk-Treasurer.
(2) The Chief of Police shall have the authority to grant or reject any request for an exemption to enforcement of the curfew provided by this section or may reduce the time limit of such exemption. However, any applicant for such exemption, feeling aggrieved by the action of the Chief of Police, may file a request for hearing before the Judge of the Municipal Court of the town, who shall summarily hear same, and his or her judgment shall be final.
(G) Authority of law enforcement officer. Any law enforcement officer who shall witness a violation of this section may take such offender into his or her custody to be prosecuted for such violation, require the posting of a sufficient bond for such minor’s appearance in court, or may place the minor in the custody of his or her parents or some responsible person.
(Prior Code, § 5-5-1) (Ord. 168, passed 8-7-2000; Ord. 177, passed 6-30-2008) Penalty, see § 132.99