CHAPTER 132: LOITERING OF MINORS
Section
   132.01   Purpose
   132.02   Definitions
   132.03   Curfew for juveniles
   132.04   Responsibilities of owners of public places
   132.05   Parents/guardians; responsibility
   132.06   Procedures
   132.07   Application
 
   132.99   Penalty
§ 132.01 PURPOSE.
   The purpose of this chapter is to regulate the presence of juveniles on streets and other public places in the town during late-night hours. The town has a compelling interest in the regulation due to the increase of juvenile delinquency and vandalism in the town. It is a compelling interest and goal of the town to protect the public from the illegal acts of juveniles committed after the curfew hour and also to protect the juveniles from improper influences and criminal activity that occurs after the curfew hour. It is also the intent of this chapter to help parents control their children.
(Ord. 9.06, passed 1-16-2007)
§ 132.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CUSTODIAN. Any person over the age of 18 who is in loco parentis to a juvenile.
   GUARDIAN. Any person other than a parent who has legal guardianship of a juvenile.
   JUVENILE. Any person under the age of 18.
   PARENT. The natural or adoptive parent of a juvenile.
   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. The PUBLIC PLACE shall include, but not be limited to, any school, store, shop, restaurant, tavern, bowling alley, café, theater, drugstore, pool room, shopping center, fairgrounds, ball fields and any other similar place, including the area immediately adjacent to the place.
   TOWN. All area within one mile beyond the town limits.
(Ord. 9.06, passed 1-16-2007)
§ 132.03 CURFEW FOR JUVENILES.
   (A)   It is unlawful for any person under the age of 18 years to idle, wander about with no specific destination, stroll, play, congregate or otherwise be present in any public place, either on foot or in a motor vehicle after the hour of 10:00 p.m. or before the hour of 5:30 a.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday, or after the hour of 11:00 p.m. or before 5:30 a.m. on any Friday or Saturday, unless accompanied by a parent, guardian or custodian. During the school summer break, it is unlawful for any person under the age of 18 years to idle, wander about with no specific destination, stroll, play, congregate or otherwise be present in any public place, either on foot or in a motor vehicle after the hour of 11:00 p.m. or before the hour of 5:30 a.m. on any Sunday, Monday, Tuesday, Wednesday, Thursday, Friday or Saturday.
   (B)   The foregoing aside, it shall not be a violation of this chapter for a juvenile to be present in a public place if the juvenile can establish that the presence is necessary to perform an errand or other specific activity at the direction of the juvenile’s parent, guardian or custodian or to travel in the most practical and expeditious route from one non-public place to another non-public place at the specific direction of the juvenile’s parent, guardian or custodian.
   (C)   Further, it shall not be a violation of this chapter for any juvenile to attend a scheduled job, volunteer work, a special function, or entertainment sponsored by any church, school, club or other organization if the juvenile can establish that the attendance is with the specific permission of the juvenile’s parent, guardian or custodian.
   (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; and
      (7)   Attending an official school, religious or other recreational activity supervised by adults and sponsored by the town, 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 town, a civic organization or another similar entity that takes responsibility for the minor.
(Ord. 9.06, passed 1-16-2007) Penalty, see § 132.99
§ 132.04 RESPONSIBILITIES OF OWNERS OF PUBLIC PLACES.
   It is unlawful for any person, firm or corporation operating or having charge of any privately owned public place to permit or suffer the presence of a juvenile upon the premises with the knowledge that the juvenile is in violation of § 132.03.
(Ord. 9.06, passed 1-16-2007) Penalty, see § 132.99
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