(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLOW. Either permit or neglect to prevent. It requires actual or constructive knowledge on the part of the parent or guardian, that is, the parent or guardian must actually know about the minor violating this section, or the circumstances must be such that a reasonably prudent parent or guardian should have known the minor was violating this subchapter.
MINOR. Any person under the age of 18, or as may be otherwise phrased, any person of the age of 17 or under.
PARENT. Any person having legal custody of a minor:
(a) As a natural or adoptive parent;
(b) As a legal guardian;
(c) As a person who stands in loco parentis; or
(d) As a person whom legal custody has been given by order of court.
REMAIN. To stay behind, tarry, linger, congregate, move about, wander, stroll, or stay unnecessarily upon or in any public assembly, building, place, street, or highway.
(B) Hours of curfew.
(1) It shall be unlawful for any person under the age of 18 to be or remain in or upon any public assembly, building, place, street, or highway within the City of Hillview at night during the following periods:
(a) 12:01 a.m. to 6:00 a.m. Saturday;
(b) 12:01 a.m. to 6:00 a.m. Sunday;
(c) 11:00 p.m. Sunday to 6:00 a.m. Monday;
(d) 11:00 p.m. Monday to 6:00 a.m. Tuesday;
(e) 11:00 p.m. Tuesday to 6:00 a.m. Wednesday;
(f) 11:00 p.m. Wednesday to 6:00 a.m. Thursday; and
(g) 11:00 p.m. Thursday to 6:00 a.m. Friday.
(2) It shall be unlawful for any parent or guardian having legal custody of a minor to allow such minor to be or remain in or upon a public assembly, building, place, street, or highway in the City of Hillview under circumstances not constituting an exception as enumerated in division (C) of this section during the time periods contained in division (B)(1) of this section.
(C) Exceptions. In the following exceptional cases a minor in or upon any public assembly, building, place, street, or highway in the City of Hillview during the nocturnal hours provided for in division (B) of this section shall not be considered in violation of this section.
(1) When the minor is accompanied by a parent or guardian;
(2) When accompanied by an adult authorized by a parent or guardian of such minor;
(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, 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 said 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 division of police the facts establishing such reasonable necessity;
(5) When the minor is on the sidewalk contiguous to the place where such minor resides, or on the sidewalk contiguous to a next-door neighbor who has not communicated an objection to a police officer or the division of police;
(6) When 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 said event can be given to any investigating officer of the division of police;
(7) When authorized by regulation issued by the Mayor in cases of reasonable necessity involving more minors than may reasonably be dealt with on an individual basis. Such regulation shall 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 Mayor shall notify the division of police of the information;
(8) When engaged in a business or occupation which the laws of Kentucky authorize a person under 18 years of age to perform;
(9) When the minor is, with parental consent, 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 of Hillview for the purpose of passing through, by direct route, from one location to another either within or out of the County, including all minors that may also be within the vehicle;
(11) When the minor is married in accordance with law or had disability of nonage removed by a court of competent jurisdiction.
(D) Enforcement.
(1) 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 division (B) of this section may stop and question such minor and request such information as his or her name and age and the name and address of his or her parent, guardian, or person having legal custody.
(2) If the police officer determines or has reasonable cause to believe that a curfew violation has occurred, the police officer may obtain from the minor the information necessary to issue a citation to the minor's parent, guardian, or person having legal custody.
(3) Any minor found in violation of division (B) of this section shall be:
(a) Directed to proceed immediately to his or her home; or
(b) Under the authority of KRS 630.030, may be taken into custody by any peace officer:
1. Pursuant to an order of the court for failure to appear before the Court for a previous status offense; or
2. If there are reasonable grounds to believe that the child has been an habitual runaway from his parent or person exercising custodial control or supervision of the child.
(c) With permission of the minor's parent, may be returned by the police officer to the parent. Permission to return a minor subsequent to a violation of division (B) of this section may be given telephonically to the police officer by a minor's parent. A parent may also grant prior permission to a law enforcement agency to return that parent's minor child or children to said parent, in the event the minor child or children are found in violation of section (B) of this section, by providing written authorization on a form to be provided by the City of Hillview. The City of Hillview shall endeavor to make such authorization forms available to all parents residing in the City of Hillview.
(Ord. 2012-16, passed 1-21-13)