(A) (1) It shall be unlawful for any person under 16 years of age to be on or present in any public street, avenue, alley, park or other public place, including the places open to the public described in division (C) below, in the city between the hours of 10:00 p.m. and 4:00 a.m. of the following day, Sunday through Friday morning, and 11:00 p.m. and 4:00 a.m. of the following day, Friday through Sunday morning, official city time, unless accompanied by his or her parent or guardian or person having lawful custody and control of his or her person, or unless there exists a reasonable necessity thereof. The fact that the child, unaccompanied by parent, guardian or other person having legal custody, is found upon any street, avenue, alley, park or other public place after 10:00 p.m. (or 11:00 p.m. on Friday and Saturday) and before 4:00 a.m. of the following day, official city time, shall be prima facie evidence that the child is there unlawfully and that no reasonable excuse exists therefor.
(2) There shall be no violation if the minor person is in attendance at, participating in, or returning from, an activity (including lawful employment) or function sponsored by a church, school, municipality or other organization which function or activity has been under adult supervision; provided that the minor person shall expeditiously and directly return to his or her home within 30 minutes after the completion of the activity or function, or within 30 minutes after his or her return to the city in the event that the function or activity was conducted outside of the city.
(B) (1) It shall be unlawful for any parent, guardian or other person having the lawful care, custody or control of any person under 16 years of age to allow or permit the person over whom they have care, custody or control, to violate the provisions of division (A) above.
(2) To ALLOW or PERMIT means to have knowledge of the violation, or to be aware of facts and circumstances so that a reasonable person should know of the violation.
(C) (1) It shall be unlawful for any person, firm or corporation operating or in charge of any place of amusement, entertainment or refreshment, or other place of business, to permit minors under 16 years of age to loiter, loaf or idle in any place during the hours prohibited by this section.
(2) Whenever the owner or person in charge or in control of any place of amusement, entertainment, refreshment, or other place of business shall find minors under the age of 16 years, loafing or idling in any place of business, that person shall immediately order the minor to leave, and if the minor refuses to leave the place of business, the operator shall immediately notify the Police Department and inform them of the violation.
(3) This section shall not be construed as permitting the presence at any time of any person under the age of 16 years in any place where his or her presence is now prohibited by any existing law or ordinance.
(D) Any member of the police force is authorized to arrest, with or without warrant, any person or persons violating the provisions of divisions (A) though (C) above.
(Ord. 136, passed 5-14-1996) Penalty, see § 130.99