(A) No child under the age of 16 years shall be permitted, caused, or suffered to be upon the public streets or in any public place between the hours of 10:00 p.m. and 6:00 a.m, except as provided in division (F).
(B) No child under the age of 12 years shall be permitted, caused, or suffered to be engaged or employed as a bootblack, or in the selling of magazines, periodicals, newspapers, goods, wares, or merchandise, of any kind or nature upon the public streets or in any public place between the hours of 10:00 p.m. and 6:00 a.m., or to accompany any person so engaged or employed.
(C) The parent or guardian of the child shall be held responsible for the enforcement of divisions (A) and (B) of this section.
(D) It shall be unlawful for any minor under the age of 17 years to loiter, idle, congregate, or otherwise be in or on any public street, highway, alley, park, or any public place, between the hours of 12:00 midnight and 6:00 a.m., except as provided in division (F).
(E) Any person assisting, aiding, abetting, or encouraging any minor under the age of 17 years to violate the provisions of divisions (A), (B) and (D) of this section shall be guilty of a violation of this chapter. When any minor is found violating the provisions of divisions (A), (B) and (D) of this section, a presumption shall arise that the parent or legal guardian having the care and custody of the minor assisted, aided, abetted, and encouraged the minor in so violating those divisions.
(F) It is a defense to prosecution under this section that the minor was:
(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 the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
(7) Attending a lawful school, religious, or other recreational activity supervised by adults, or going to or returning home from, without any detour or stop, a lawful school, religious, or other recreational activity supervised by adults;
(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.
(‘83 Code, § 135.03) (Ord. 71-018, passed 7-19-71) Penalty, see § 135.99