(a) Definitions. For the purposes of this section:
(1) "City" means the City of Garfield Heights.
(2) "Minor" means a person under the age of eighteen years.
(3) "Parent" means the natural or adoptive parent of a minor.
(4) "Guardian" means any person other than a parent who has legal guardianship of a minor.
(5) "Custodian" means any person over the age of eighteen who is in loco parentis to a juvenile.
(6) "Public place" means 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 purposes. A public place includes but is not limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public, and also includes the front or immediate area of the above.
(Ord. 113-1976. Passed 11-8-76.)
(b) Curfew; Hours of Operation.
(1) No minor, twelve years of age or under shall be upon the streets or sidewalks or in any public place from 9:00 p.m. to dawn; nor shall any minor between the age of thirteen through and including fourteen years be upon the streets or sidewalks or in any public place between the hours of 9:30 p.m. and 6:00 a.m., nor shall any minor between the age of fifteen through and including sixteen years be upon the streets or sidewalks or in any public place between the hours of 11:00 p.m. and 6:00 a.m.; nor shall any minor seventeen years of age be upon the streets or sidewalks or in any public place between the hours of 12:00 midnight and 6:00 a.m. unless accompanied by his parent or guardian or some responsible person over the age of twenty-one years or a member of his family eighteen years or older, except as follows: where a minor is attending or actively participating in a school, church or Citywide recognized organizational event, the curfew for such minor shall be one-half hour after the termination of such event.
(Ord. 39-2007. Passed 5-14-07.)
(2) No parent, guardian, custodian or person having the responsibility and care of any minor twelve years of age or under shall permit or allow such minor to be upon the streets or sidewalks or in any public place during the period from 9:00 p.m. to dawn; nor shall any parent, guardian, custodian or person having the responsibility and care of any minor between the ages of thirteen through and including sixteen years of age allow such minor to be upon the streets and sidewalks or in any public place between the hours of 11:00 p.m. and 5:00 a.m. nor shall any parent, guardian, custodian or person having the responsibility and care of any minor seventeen years of age allow such minor to be upon the streets, sidewalks or in any public place between the hours of 12:00 midnight and 5:00 a.m. unless accompanied by such parent, guardian or responsible person over the age of twenty-one years of age or a member of his family eighteen years of age or older.
(c) Violations Procedure. Any police officer finding a person in violation of this section shall take such person to his or her home, discuss the provisions of this section with the parent, guardian or custodian and issue the appropriate citations to the minor violator and his or her parent, guardian or custodian. If such parent, guardian or custodian cannot be found, or lives outside the City, the police officer may detain such violator in a convenient place and notify such parent, guardian or custodian of his action.
(Ord. 113-1976. Passed 11-8-76.)
(d) Penalty. Any minor violating the provisions of this section is guilty of a misdemeanor of the fourth degree and shall be dealt with in accordance with juvenile court laws and procedures. Any parent, guardian or other person having the care and custody of a minor violating this section is guilty of a misdemeanor of the fourth degree for a first offense and shall be subject to the penalties applicable to such misdemeanor classification. A second or subsequent offense shall be punishable as a first degree misdemeanor and shall be subject to the penalties applicable to such misdemeanor classification. (Ord. 1-1995. Passed 1-9-95.)