(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS. Twelve midnight until 5:00 a.m.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT. Any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
GUARDIAN. A person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by a court.
MINOR. Any person under 18 years of age.
OFFICER. A police officer, Sheriff officer or other law enforcement officer.
OPERATOR. Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of any association or partnership and the officers of a corporation.
PARENT. A person who is a natural parent, adoptive parent or step-parent of another person; or at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
REMAIN. To linger or stay or fail to leave premises when requested to do so by a officer or the owner, operator or other person in control of the premises.
SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement.
(b) Offenses.
(1) A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the city during curfew hours.
(2) A parent or guardian of a minor commits an offense if he or she knowingly permits or, by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(3) The owner, operator or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
(c) Defenses.
(1) It is a defense to prosecution under division (b) above that:
(a) The minor was accompanied by the minor’s parent or guardian;
(b) On an errand at the 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 or returning home from an employment activity, without any detour or stop;
(e) Involved in an emergency;
(f) 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 or Sheriff’s office about the minor’s presence;
(g) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, or civic organization or other similar entity that takes responsibility for the minor;
(h) Going to or returning home without any detour or stop from an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or other similar entity that takes responsibility for the minor;
(i) 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
(j) Married or had been married or had disabilities of minority removed in accordance with state law.
(2) It is a defense to prosecution under division (b)(3) above that the owner, operator or employee of an establishment promptly notified the Police Department or Marshal’s office that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(d) Penalties.
(1) A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.
(2) When required by state law, the Municipal Court shall waive original jurisdiction over a minor who violates division (b)(1) above and shall refer the minor to prosecution under the Juvenile Justice Code.
(Ord. 645, passed 12-18-2006)