(a) The following persons shall not enter or remain upon, either on foot, bicycle, motorcycle or in a motor vehicle, any public streets, alley, park, sidewalk or any other public place during the following times unless accompanied by a parent, lawful guardian or other adult person having care or control of the minor with consent of the parent or lawful guardian.
(1) Persons under the age of eleven between the hours of 10:00 p.m. and 5:00 a.m.
(2) Persons the age of eleven and over, but under the age of sixteen between the hours of 11:00 p.m. and 5:00 a.m.
(3) Persons the age of sixteen and over, but under the age of eighteen between the hours of 12:00 midnight and 5:00 a.m.
(b) It is an affirmative defense to a charge of violation of subsection (a)(1), (a)(2) or (a)(3) hereof that the person was returning directly home from a school activity or employment; or, that the person was responding to a life-threatening emergency at the direction of his or her parent, lawful guardian or other adult person having care or control of the minor with the consent of the parent or lawful guardian.
(c) No parent, lawful guardian or other adult person having care or control of the minor with the consent of the parent or lawful guardian shall permit, or by insufficient control shall allow such minor to be in or upon the public streets or any other places listed in subsection (a) hereof during the above restricted hours.
(d) (1) Police officers may stop and question a person they reasonably believe to be a minor in order to obtain the name and address of his or her parent, lawful guardian or other adult person having care or control of the minor with the consent of the parent or lawful guardian, and such person shall give such information to the police officer. Any police officer, upon finding a minor in violation of this section, shall warn the minor that he or she is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the Police Department, which in turn shall warn the parent, lawful guardian or other adult person having care or control of the minor with the consent of the parent or lawful guardian that the minor was found to be in violation of this section.
(2) If such minor refuses to heed such warning or direction by any police officer, or refuses to give such police officer the correct information required by subsection (a) hereof, or if the minor has been warned on a previous occasion that he or she is in violation of curfew, he or she shall be subject to the penalties set forth in subsection (f) hereof, or, alternatively, he or she may be taken to the Police Department and the parent, lawful guardian or other adult person having care or control of such minor shall be notified to come and taken charge of the minor. If the parent, lawful guardian or other adult person above cannot be located or fails to come and take charge of the minor, the minor and the parent, lawful guardian or other adult person above shall be subject to the penalties set forth in subsection (f) hereof.
(e) No person operating or in charge of any place of amusement, entertainment, refreshment or other place of business shall recklessly allow or permit minors, unless accompanied by parent, lawful guardian or other adult person having care and control of the minor with the consent of the parent or the lawful guardian to be present in such places in violation of subsections (a)(1), (a)(2) or (a)(3) hereof. Whenever the person operating or in charge of any such place of amusement, entertainment, refreshment or other place of business shall find a minor present in violation of subsections (a)(1), (a)(2) or (a)(3), he shall immediately order them to leave such place, and upon their failure to do so, shall immediately notify the Division of Police of such violation.
(f) (1) The first violation of this section after a warning as described in subsection (d) hereof by any person is a minor misdemeanor. If an offender has previously been convicted of a violation of any subsection hereof any subsequent violation is a misdemeanor of the fourth degree.
(2) The court may in its discretion waiver, reduce or suspend the monetary penalty prescribed for the infraction, and may impose such conditions on any suspension as it deems just. The court may order performance of a number of hours of community service in lieu of a monetary penalty. The court may order attendance at counseling or educational programs in lieu of a monetary penalty or community service.
(Ord. 42-94. Passed 7-11-94.)