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A. Definitions: For the purpose of this section, the following terms shall have meanings respectively ascribed to them in this subsection:
CUSTODIAN: Any person over the age of twenty one (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 eighteen (18).
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, cafe, theater, drugstore, poolroom, shopping center and any other place devoted to amusement or entertainment of the general public. The term shall also include the front or immediate area of the above.
B. Prohibited Hours; 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 city between the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) A.M. unless:
1. The minor is accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor;
2. The minor is on an emergency errand or specific business or activity directed or permitted by his or her parent, guardian or other adult person having the care and custody of the minor; or
3. Where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation.
C. Permitting Minors On Premises: 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 subsection B of this section.
D. Responsibility Of Parent Or Guardian; 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, allow such person to be on any public place within the city between the hours of curfew designated in subsection B of this section. The provisions of this subsection 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 city police department.
E. City Council Powers: The city council may permit by resolution or motion procedures for advance notice or registration with the city of special events or functions sponsored by churches, schools, clubs or other organizations which require minors to be out at a later time. The council may also prescribe the procedures for taking into custody minors found in violation of this section. (2002 Code § 9.24.010)
F. Penalty: Any minor who violates this section shall, upon conviction, be guilty of an offense punishable as provided in section 1-4-1 of this code and as set forth in the municipal bond schedule adopted by the governing body as provided in section 1-11-19 of this code. (2002 Code § 9.24.010; amd. 2013 Code)