(a) No person seventeen or less years of age shall be or remain in or upon the streets or business establishments which serve the public within the Municipality at night during the period ending at 6:00 a.m. and beginning:
(1) At 9:00 p.m. for minors twelve or less years of age;
(2) At 10:00 p.m. for minors thirteen through fifteen years of age; and
(3) At 11:00 p.m. for minors sixteen or more years of age. Such provisions of law shall be in effect daily except Friday and Saturday when such curfew hours shall be:
A. At 10:00 p.m. for minors twelve or less years of age;
B. At 11:00 p.m. for minors thirteen through fifteen years of age; and
C. At 12:00 midnight for minors sixteen or more years of age.
(b) In the following exceptional cases, a minor on a street during the nocturnal hours for which subsection (a) hereof is intended to provide the maximum limits of regulation shall not be considered in violation of this section:
(1) When accompanied for a parent of such minor.
(2) When accompanied by an adult authorized by a parent of such minor to take the parent's place in accompanying the minor for a designated period of time and purpose within a specified area.
(3) When 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. Such minor shall evidence the bona fides of such exercise by first delivering to the Police Department a written communication signed by such minor and countersigned, if practicable, by a parent of such minor with their home address and telephone number, addressed to the Director, specifying when, where and in what matter the minor will be on the streets at night, during the hours when this section is otherwise applicable to the minor, in the exercise of a First Amendment right specified in such communication.
(4) In the case of reasonable necessity, but only after such minor's parent has communicated to the Police Department personnel the facts establishing such reasonable necessity and designating the minor's proposed location, route, purpose, and the period of time the minor will be upon the streets of the Municipality.
(5) When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next-door neighbor not communicating an objection to the police officer.
(6) When returning home from and within thirty minutes of the termination of a school activity, or an activity of a religious or other voluntary association, of which prior notice, indicating the place and probable time of termination, has been given in writing to, and duly filed for immediate reference by, the Director.
(7) When authorized, by special permit from the Director, carried on the person of the minor. When necessary nighttime activities of a minor may be inadequately provided for by other provisions of this section, the Director may take a finding for the use of the streets by a minor upon receipt of a written application, signed by a minor and by a parent of such minor, if feasible. The application shall include:
A. The name, age, and address of such minor;
B. The name, address and telephone number of a parent thereof;
C. The height, weight, sex, color of eyes and hair and other physical characteristics of such minor;
D. The necessity which requires such minor to remain upon the street during the curfew hours otherwise applicable; and
E. The street or route and the beginning and ending of the period of time involved by date and hour.
Based upon the application, the Director may grant a permit in writing for the use by the minor of those street at such hours as in the Director's opinion may be reasonably be necessary.
(8) When authorized, by regulation issued by the Chief of Police, in other similar cases of reasonable necessity, similarly handled but adapted to necessary nighttime activities of more minors than can readily be dealt with on an individual special permit basis. Normally such regulation by the Chief of Police permitting use of the street should be issued sufficiently in advance to permit appropriate publication through news media and through other agencies such as the schools, and shall define the activity, the scope of the use of streets permitted, the period of time involved not to extend more than thirty minutes beyond the time for termination of such activity.
(9) When minor carries a certified card of employment, signed by the Director and briefly identifying the minor, the address of his home and place of employment and his hours of employment.
(10) Each of the foregoing exceptions, and their several limitations, such as provision of notification, are severable.
(Ord. 1991-23. Passed 7-3-91.)