(A) Except as provided by § 26-327 of this chapter, the following acts are offenses constituting a violation of this division:
(1) A juvenile commits an offense by loitering, wandering, strolling or playing in or upon the public streets, highways, alleys, parks, playgrounds or other public grounds, public places, vacant lots or any other place when unsupervised by a parent or guardian having the lawful authority to be at such places inside the town during the restricted hours as defined in § 26-324 of this chapter;
(2) A parent or guardian of a juvenile commits an offense when he or she knowingly permits, or by insufficient control allows, a juvenile to engage in the conduct set forth in subsection (A)(1) above. The term
KNOWINGLY means knowledge that a parent or guardian should reasonably be expected to have concerning the whereabouts of a juvenile in that parent or guardian’s legal custody. This requirement is intended to hold a neglectful or careless parent up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities, conduct or whereabouts of such juvenile; and
(3) The owner, operator or employee of an establishment commits an offense when he or she knowingly permits any juvenile subject to the youth protection curfew to be in or upon or remain on or upon the premises or grounds of the establishment without his or her parent or guardian. The term
KNOWINGLY means knowledge that an operator or employer should reasonably be expected to have concerning the patrons of an establishment. The standard for the term KNOWINGLY shall be applied through an objective test: whether a reasonable person through the operator’s or employee’s position should have known that the patron was a juvenile in violation of this article. It is a defense to prosecution under this subsection (A)(3) that an owner, operator or employee of an establishment promptly notified the Police Department that a juvenile was present on the premises of the establishment during the restricted hours and refused to leave.
(B) It shall be a violation of this article for any person 17 years of age or older to aid or abet a juvenile in violation of subsection (A) above.
(C) It shall be a violation of this article for a parent or guardian to refuse to take custody, during the restricted hours, of a juvenile for whom the parent or guardian is responsible.