(A) Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word SHALL is always mandatory and not merely directory.
CITY. The City of Humboldt, Nebraska.
CUSTODIAN. Any person over the age of 19 who is in loco parentis to a juvenile.
GUARDIAN. Any person other than a parent, who has legal guardianship of a minor.
MINOR. Any person under the age of 18.
PARENT. The natural or adoptive parent of a minor.
PUBLIC PLACE. Any street, alley, highway, sidewalk, park, playground, or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A PUBLIC PLACE shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, café, theater, drug store, pool room, shopping center, and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.
(B) Curfew for minors. This section does not apply to a minor who is:
(1) Accompanied by the minor’s parent or guardian;
(2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) 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 about the minor’s presence;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
(8) Exercising First Amendment rights protected by the U.S. Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(9) Married or had been married or had disabilities of minority removed in accordance with state law.
(C) Responsibility of owners of public places. It shall be unlawful for any person, firm or corporation operating or having charge of public place to knowingly permit or suffer the presence of minors under the age of 18 between the hours of 10:00 p.m. or 11:00 p.m., as provided in division (B) above, and 6:00 a.m. of the following day.
(D) Violations. Any person violating the provisions hereof shall be penalized under the provisions of the general penalty section.
(Prior Code, § 130.12) (Ord. 558, passed - -2000) Penalty, see § 10.99