In the following exceptional cases, a minor on a street during the nocturnal hours for which Section 509.09 is intended to provide the maximum limits of regulation shall not be considered in violation of this chapter:
(a) When accompanied by a parent of such minor;
(b) When accompanied by an adult authorized by a parent of such minor to take the parent's place in accompanying the minor for a designated period of time and purpose within a specified area;
(c) When 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. Such minor shall evidence the bona fides of such exercise by first delivering a written notice signed by such minor and countersigned if practicable by a parent of such minor with their home address and telephone number addressed to the Mayor specifying when, where and in what matter the minor will be on the streets at night, during the hours when this chapter is otherwise applicable to the minor, in the exercise of a First Amendment right specified in such communication;
(d) In case of reasonable necessity, but only after such minor's parent has communicated to the Police Station personnel the facts establishing such reasonable necessary relating to specified streets at a designated time for a described purpose including points of origin and destination. A copy of such communication, or of the police record thereof, duly certified by the Chief of Police to be correct, with an appropriate notation of the time it was received and of the names and address of such parent and minor, shall be admissible evidence.
(e) When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next door neighbor not communicating an objection to the police officer.
(f) When returning home, by a direct route from, and within thirty minutes of the termination of, a school activity, or an activity of a religious or other voluntary association, of which prior notice, indicating the place and probable time of termination, has been given in writing to, and duly filed for immediate reference by, the Chief of Police or the officer assigned by him on duty at the Police Station.
(g) When the minor is, with parental consent, in a motor vehicle. This contemplates normal travel, and also exempts interstate travel beginning or ending in the Village.
(h) When the minor is seventeen years of age, if and when the Mayor has determined, by formal rule first reported to Council, spread upon its minutes and so reported in the press, finding the facts as to the extent of juvenile delinquency in such age group permitting such rule, currently, in the best interests of such minors and of the Village, then the Mayor by such formal rule, covering a period of time designated therein or until rescission thereof not exceeding one year from the date thereof, may take appropriate action excepting designated minors, minors in a defined group or area or all minors, as the current facts may warrant, seventeen years of age at that date or attaining seventeen years of age during the period that such formal rule is and remains in effect.
(i) Each of the foregoing exceptions, and their several limitations, such as provisions for notification, are severable, and additional also several exceptions, broadening with the progress toward maturity of minors enrolled respectively in elementary, junior high and high schools, will be considered by Council as warranted by future experience illuminated by the views of student government associations, school personnel, citizens, associations, ward, precinct and neighborhood spokesperson, parents, officers and persons in authority concerned positively with minors as well as with juvenile delinquency.
(Ord. 51-93. Passed 9-7-93.)