(a) No child 15 years of age or younger shall be in, upon or about any public street, sidewalk, public ground or business establishment open to the public, or be in or upon a motor vehicle, between the hours of 11:00 p.m. and 5:00 a.m. of the following day, nor shall any child 16 or 17 years of age be upon or about any public street, sidewalk, public ground or business establishment open to the public, or be in or upon a motor vehicle, between the hours of 12:00 midnight and 5:00 a.m., unless:
(1) He or she is accompanied by a parent or guardian or an adult person having the legal care, custody and control of his or her person;
(2) He or she is accompanied by an adult person having the permission of one of the persons mentioned in division (a)(1) of this section;
(3) He or she is going directly to or from any lawful activity, entertainment or employment with the knowledge and consent of a parent, guardian or adult person having the legal care, custody and control of his or her person; or
(4) He or she is engaged in an emergency errand or some legitimate business as directed by his or her parent or guardian or an adult person having the legal care, custody and control of his or her person.
(b) Whenever any police officer charged with the duty of enforcing the laws of the State and the City discovers or has called to his or her attention any minor found within the City contrary to the provisions of this section, he or she shall detain such minor and cause immediate personal notice thereof to be given to the parent or guardian of such minor and shall discharge such minor only to such parent, guardian or other person having legal control or custody of such child.
(c) No parent, guardian or other person having legal control or custody of a minor shall knowingly permit such minor to violate any of the provisions of this section.
(d) Whoever, being a minor under the age of 18 years, violates any of the provisions of this section, shall be referred to the Juvenile Division Program within the Police Department for an initial offense, and the Summit County Juvenile Court for each subsequent offense, for disposition under the laws in such cases made and provided.
(e) Whoever violates division (c) of this section is guilty of a minor misdemeanor.
(Ord. 97-56. Passed 5-21-97.)