(A) It shall be unlawful for a person less than 17 years of age to be present at or upon any public assembly, building, place, street, or highway at the following times, unless accompanied and supervised by a parent, legal guardian, or other responsible companion at least 18 years of age, approved by a parent or legal guardian or unless engaged in a business or occupation which the laws of this state authorize a person less than 17 years of age to perform:
(1) Between 10:00 p.m. on Sunday to Thursday, inclusive and 6:00 a.m. on the following day; and
(2) Between 11:00 p.m. on Friday and Saturday, inclusive and 6:00 a.m. on the following day.
(B) A citation for violation of division (A) of this section may be issued by a police officer only if the officer reasonably believes that a violation has occurred and none of the defenses enumerated in this division (B) apply. It is a defense to a violation under this section that the person engaged in the prohibited conduct while:
(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 village, 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.
(C) Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, including any investigation that a reasonable person would deem necessary, none of the exceptions enumerated in this section apply.
(Ord. 187, passed 10-6-1998) Penalty, see § 130.99