(A) Hours; exceptions.
(1) It shall be unlawful for any person under the age of 16 years to be on or present in any public street, avenue, alley, park or other public place; any playground or place open to the public; place of amusement and entertainment or vacant lot; or any private premises other than those upon which his or her usual place of residence is located without the knowledge, consent and approval of the owner or person in charge of or responsible for the private property in the city between the hours of 12:00 midnight and 5:00 a.m. of the following day on Friday and Saturday nights, and on every other night, between the hours of 10:00 p.m. and 5:00 a.m. of the following morning, official city time, unless accompanied by his or her parent or guardian or unless upon some emergency errand by written permission or direction of the minor's parent or guardian. The fact that the child, unaccompanied by parent or guardian, is found upon any street, alley or public place or any other place as hereinbefore set forth after 12:00 midnight or before 5:00 a.m. of the following day on Friday and Saturday nights or after 10:00 p.m. and before 5:00 a.m. of the following day on every other night shall be prima facie evidence that the child is there unlawfully and that no reasonable necessity or lawful excuse exists therefor.
(2) This section does not apply to a minor who is:
(a) Accompanied by the minor's parent or guardian;
(b) On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(c) In a motor vehicle involved in interstate travel;
(d) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(e) Involved in an emergency;
(f) 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;
(g) 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;
(h) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(i) Married or had been married or had disabilities of minority removed in accordance with state law.
(B) Responsibility of parents and guardians. It shall be unlawful for any parent or guardian to allow or permit any person under the age of 16 years to violate the provisions of division (A) above.
(Prior Code, § 15-2)
(C) Responsibility of business place.
(1) It shall be unlawful for any person in charge of any place of amusement, entertainment or refreshment or other place of business to permit any minor under the age of 16 years to loiter, loaf or idle in a place during the hours prohibited by division (A) above.
(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 persons under the age of 16 years loitering, loafing or idling in the place of business, he or she shall immediately order the person to leave and, if the person refuses to leave the place of business, the operator shall immediately notify the Police Department and inform it of the violation.
(Prior Code, § 15-3)
(D) Applicability of other laws. Divisions (A) to (C) above 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.
(Prior Code, § 15-4)
(E) Arrest and notification of parents for violation. Any lawfully designated police officer is authorized to arrest, with or without warrant, any person violating the provisions of divisions (A), (B) or (C) above and shall notify, as soon as reasonably possible, the parents or guardians of any minor so arrested.
(Prior Code, § 15-5)
(Ord. 408, passed - -; Ord. 480, passed - -) Penalty, see § 130.99