(A) It shall be unlawful for any juvenile under the age of 16 years of age to be, remain, or loiter in, about, or upon any place in the town away from the dwelling house or usual place of abode of the juvenile between the hours of 10:00 p.m. to 5:00 a.m. of the following day; provided, that the provisions of this section do not apply to the juvenile when accompanied by his or her parent, guardian, or other adult person having the care, custody, or supervision of the juvenile; or where the juvenile is on an emergency errand; or where the juvenile is on reasonable, legitimate, and specific business or activity (including returning directly to home from legitimate religious celebrations and cultural events) directed or permitted by his or her parent, guardian, or other adult person who, by operation of law, has or should have had the care, custody, or supervision of the juvenile at the time of such violation.
(B) It shall be unlawful for any juvenile 16 years of age or older and under the age of 18 years to be, remain, or loiter in, about, or upon any place in the town away from the dwelling house or usual place of abode of the juvenile between the hours of 12:00 a.m. to 5:00 a.m. Saturday, and 12:00 a.m. to 5:00 a.m. Sunday, and 10:00 p.m. on each Sunday through Thursday, inclusive, until 5:00 a.m. of the following day; provided, that the provisions of this section do not apply to the juvenile when accompanied by his or her parent, guardian, or other adult person having the care, custody, or supervision of the juvenile; or where the juvenile is on an emergency errand; or where the juvenile is on reasonable, legitimate, and specific business or activity (including returning directly to home from legitimate religious celebrations and cultural events) directed or permitted by his or her parent, guardian, or other adult person who, by operation of law, has or should have had the care, custody, or supervision of the juvenile at the time of such violation.
(C) Each violation of divisions (A) or (B) above shall constitute a separate offense.
(D) This section does not apply to a minor who is:
(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.
(E) It shall not constitute a defense hereto that such parent, guardian, or other adult person who, by operation of law, has or should have had the care, custody, or supervision of such juvenile, coming within the provisions of divisions (A) or (B) above, did not have actual knowledge of the presence of such juvenile in, about, or upon any place in the town away from the dwelling house or usual place of abode of the juvenile, if the parent, guardian, or other adult person who, by operation of law, has or should have had the care, custody, or supervision of such juvenile, in the exercise of reasonable care and diligence, should have known of the aforementioned unlawful acts of such juvenile.
(F) (1) In addition to any other powers he or she may have, any law enforcement officer who arrests a juvenile for violating any of the provisions of divisions (A) or (B) above is also hereby empowered to demand of the parent, guardian, or other person having the care, custody, or supervision of such juvenile that such parent, guardian, or other person come and take said juvenile into custody.
(2) Should there be a failure of the parent, guardian, or other person to take custody of such juvenile, the officer may then be empowered to take such juvenile home.
(3) It shall be unlawful for any such parent, guardian, or other person having the care, custody, or supervision of said juvenile to fail or refuse to take such juvenile into custody after such demand is made upon him or her.
(G) Any juvenile who violates the provisions of divisions (A) or (B) above shall be guilty of a misdemeanor, and in addition to any ether available punishment, proceedings may be taken in accordance with and pursuant to the juvenile code as contained in the A.R.S. §§ 8-201 et seq.
(1989 Code, § 12-1-6) (Ord. 2003-08, passed 9-25-2003; Ord. 2010-01, passed 4-8-2010; Ord. O2020.11, passed 4-23-2020) Penalty, see § 130.99