531.04 PARENTAL CONTROL OF MINORS DURING CURFEW.

   (a)    For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

      (1)    "Minor" means any person under eighteen years of age. "Minor" is intended to include all children of every parent as being a "minor" so that should more than one minor child of any particular parent be found violating this section, only one offense hereunder is committed.

      (2)    "Parent" means any person having legal custody of a minor under any of the following circumstances:

         A.    As a natural or adoptive parent;

         B.    As a legal guardian;

         C.    As a person who stands "in loco parentis";

         D.    As a person to whom legal custody has been given by order of court.

      (3)   "Remain" means to stay behind, to tarry or to stay unnecessarily upon or in any public assembly, building, place, street or highway.

      (4)    "Allow" means either permit or neglect to refrain or prevent. "Allow" requires actual or constructive knowledge on the part of the parent or guardian, that is, the parent or guardian must actually know about the child violating this section, or the circumstances must be such that a reasonable prudent parent or guardian should have known the child was violating this section.

   (b)    No parent or guardian having legal custody of a minor shall allow such minor to be or remain in or upon a public assembly, building, place, street or highway in the City under circumstances not constituting an exception as enumerated in subsection (c) hereof during the time period contained in Section 531.02.

   (c)   In the following exceptional cases, a minor in or upon any public assembly, building, place, street or highway in the City during the nocturnal hours provided for in subsection (b) hereof shall not be considered in violation of this section:

      (1)   When the minor is accompanied by a parent;

      (2)    When the minor is accompanied by an adult authorized in writing by a parent of such minor;

      (3)    When the minor is 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, provided that written notice signed by the minor and countersigned by a parent is in the possession of such minor specifying when, where and in what manner such minor will be exercising such First Amendment rights;

      (4)    In case of reasonable necessity but only after such minor's parent has communicated to the Police Department the facts establishing such reasonable necessity;

      (5)    When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next-door neighbor who has not communicated an objection to a police officer or the Police Department;

      (6)    When the minor is returning home, by a direct route from, and within one hour of the termination of, a school activity, or any activity of a religious or other voluntary association, provided that justification indicating the place and time of termination of such event can be given to any investigating officer of the Police Department;

      (7)    When the minor is authorized by permit issued by the City Manager in cases of reasonable necessity involving more minors than may reasonably be dealt with on an individual basis. Such regulation should be issued sufficiently in advance to permit publicity through news media and through other agencies such as the schools. The regulation shall define the activity, the scope of the use of the public assembly, building, place, street or highway permitted, and the period of time involved not to extend more than one hour beyond the time for termination of the activity, and the reason for finding that such regulation is reasonably necessary. The City Manager shall notify the Police Department of such information;

      (8)    When the minor is engaged in a business or occupation which the laws of Ohio authorize a person under eighteen years of age to perform;

      (9)    When the minor is otherwise lawfully engaged, with written parental consent dated the same date as the minor is discovered, in a motor vehicle with a lawfully authorized driver;

      (10)    When the minor, who is a duly authorized and licensed driver, is operating a motor vehicle within the City for the purpose of passing through, by direct route, from one location to another either within or out of the City, including all minors that may also be within the vehicle.

   (d)   A police officer upon finding or being notified of any minor in or upon any public assembly, building, place, street or highway whose parent is believed to be in violation of this section shall confront such minor and request such information as the minor's name, age and address and of the identity of the minor's parent or legal guardian.

   (e)   Whoever is convicted of violating subsection (b) hereof shall be guilty of a misdemeanor of the first degree and may be fined up to one thousand dollars ($1,000), or confined for up to six months per offense, or a combination of both. (Ord. 93-4-36. Passed 4-14-93.)