A. Ages And Hours Designated: It is unlawful for any person under the age of eighteen (18) years to be upon, loiter or stroll upon the public thoroughfares or any other public place between the hours of ten thirty o'clock (10:30) P.M. and five o'clock (5:00) A.M. of the following day, Sunday through Thursday, inclusive, of each week, or between the hours of twelve o'clock (12:00) midnight and five o'clock (5:00) A.M. of the following day on Friday and Saturday of each week. (Ord. 102, 6-14-1995; amd. 2004 Code)
B. Defenses:
1. Defense For Minor: It is a defense to prosecution under this section if the offending minor was:
a. Accompanied by the minor's parent or guardian;
b. On an errand at the express direction of the minor's parent or guardian, without any detour or stop;
c. In a motor vehicle involved in interstate travel;
d. Engaged in an employment activity or going to an employment activity or returning to the minor's place of residence, without any detour or stop;
e. Involved in an emergency;
f. Within the yard or upon the sidewalk abutting the minor's residence or abutting the residence of another adult with whom the parent or guardian of such minor has expressly placed temporary custody of the minor;
g. Attending an officially sponsored school, religious or other recreational, cultural or educational activity supervised by adults and sponsored by a public entity or a religious, charitable, fraternal, civil or other similar organization organized by adults, or going to or returning home from such activities, without any detour or stop;
h. Exercising first amendment rights protected by the United States constitution or rights protected by the Idaho constitution article I, section 9;
i. Is married or has had the disabilities of minor removed in the manner provided by law.
2. Defense For Business Establishments: It is a defense to prosecution under this section that the owner, operator or employee of an establishment asked the minor to leave the premises and promptly notified law enforcement that a minor is present on the premises of the establishment during curfew hours and refuses to leave. (2004 Code)
C. Parental Responsibility: It is unlawful for any parent, legal guardian or any other adult person having the legal care and custody of any minor person under the age of eighteen (18) years to allow or permit the person to go upon or be upon any public thoroughfares or in any public place during the hours set out in subsection A of this section unless accompanied by such persons as provided in this section.
D. Duty Of Police Officers: Any police officer or other law enforcement officer is authorized and empowered to take charge of any person under the age of eighteen (18) years violating the provisions of this section. It shall be the duty of such officer to take such person to the police station and thereafter notify the parent, guardian or adult person having care and custody of such minor immediately of the violation of the terms of this section, and also to notify such parent, legal guardian or other adult person having the legal care and custody of the minor, that the minor will be held at the police station until called for by such parent or guardian. Such minor shall be held at the police station for up to two (2) hours until called for by such person. The police officer, at his discretion, may release the minor with instructions to proceed directly to the minor's home. (Ord. 102, 6-14-1995)