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During the curfew hours established hereby:
(A) No minor shall remain in any public place or on the premises of any establishment; and
(B) No parent or guardian of any minor shall knowingly permit or allow, by insufficient control or supervision, or otherwise, the minor to remain in any public place or on the premises of any establishment; and
(C) No owner, operator, or employee of an establishment shall knowingly permit, or allow by insufficient supervision and control, or otherwise, any minor to remain upon the premises of the establishment.
(Ord. 1996-0-14, passed 7-9-96) Penalty, see § 131.99
The following circumstances are hereby established as affirmative defenses to any criminal or civil proceedings for any violation of this chapter.
(A) The minor was:
(1) Accompanied by the parent or guardian thereof, or
(2) In a motor vehicle in the course of interstate travel; or
(3) Engaged in any employment activity, or going to or returning home from any employment activity, without any detour or stop; or
(4) Involved in an emergency; or
(5) On the sidewalk abutting the residence of the minor, or abutting the residence of a next door neighbor, without any complaint by the next door neighbor to the police department of the city about the presence of the minor thereon; or
(6) Attending any school or religious activity, or any recreational activity supervised by the adults and sponsored by either the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from any such activity, without any detour or stop; or
(7) Exercising any rights secured and protected by the first amendment to the United States Constitution, such as the free exercise of religion, freedom of speech, or the right of peaceable assembly; or
(8) Married or otherwise emancipated; or
(B) The owner, operator, or employee of an establishment has promptly notified the police department of the city that a minor was present on the premises during curfew hours and refused to leave.
(Ord. 1996-0-14, passed 7-9-96)
(A) Before enforcing any provision of this chapter by a citation, arrest, or other custodial activity, the enforcing officer or officers shall inquire of the person suspected of being a minor as to the actual age of that person and his reason and purpose for remaining or otherwise being in a public place or establishment during the curfew hours.
(B) No enforcing officer shall enforce any provision of this chapter by any citation, arrest or other custodial activity unless the officer reasonably believes from the responses of the person suspected of being a minor or any other circumstances, that an offense and violation of this chapter has occurred, and that there are no defenses to the enforcement of this chapter as described herein.
(C) In the enforcement of this chapter, all enforcing officers shall comply with the duties identified in KRS 610.200 through KRS 610.280, and shall also comply with the provisions of all other applicable laws, including, without limitation, the Kentucky Unified Juvenile Code in KRS Chapters 600 to 645.
(Ord. 1996-0-14, passed 7-9-96)
Twelve (12) months after the enactment of this chapter, the police chief shall review the enforcement thereof, and report and make recommendation to the city council regarding the effectiveness thereof and the continuing need therefore. The report of the police chief shall specifically include the following information:
(A) The practicality of enforcing this chapter and any problems with enforcement identified by the police department; and
(B) The impact of the enforcement of the chapter on crime statistics; and
(C) The number of persons successfully prosecuted for violations of this chapter; and
(D) The city's net cost of enforcing this chapter.
(Ord. 1996-0-14, passed 7-9-96)
Each violation and every other failure to comply with the provisions of this chapter shall be a misdemeanor; and each day of the continuation thereof shall be and constitute a separate and distinct offense for which:
(A) Any person convicted of violation of the provisions thereof in a court of competent jurisdiction shall be sentenced to pay a criminal fine not to exceed the maximum amount of five hundred dollars ($500.00) as set forth in KRS 534.040(2)(a) or a term of imprisonment not to exceed the maximum period of twelve (12) months as set forth in KRS 532.090(1), or both; and
(B) The offender shall be subject to a civil penalty of one hundred dollars ($100.00) for each offense, which shall be recovered by the city in a civil action in the nature of debt if not paid by the offender within thirty (30) days after citation of the violation or other failure to comply with the provisions of this chapter.
(Ord. 1996-0-14, passed 7-9-96)