A. Definition: For the purpose of this section, a "minor" shall mean any person under the age of eighteen (18) years, but shall not include any person who is legally emancipated or certified as an adult.
B. Curfew Generally: No minor shall loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, to include, but not be limited to: driving, riding or parking any motorized or nonmotorized vehicle in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M. of the following day, of every night and morning in the week, except Friday and Saturday nights and the following morning, and between the hours of twelve o'clock (12:00) midnight Friday and Saturday nights and six o'clock (6:00) A.M. of the following morning.
C. Exceptions: The following shall constitute valid exceptions to the operation of subsection B of this section:
1. At any time, if the minor is accompanied by his or her parent, legal guardian or adult person having care and custody of the minor, or other person who has reached the age of twenty one (21) years old and who is specifically approved by the minor's parent, legal guardian, or adult person having care and custody of the minor, which person shall be responsible for the acts of the minor.
2. Until the hour of twelve o'clock (12:00) midnight on any day of the week, if the minor is on an errand as directed by his or her parent, legal guardian or adult person having care and custody of the minor.
3. If the minor is legally employed, for the period for one- half (1/2) hour before to one-half (1/2) hour after work, while going directly between his or her home and place of employment. This exception shall also apply if the minor is in a public place during curfew hours in the course of his or her employment. To come under this exception, the minor must be carrying a written statement from the employer attesting to the place and hours of employment.
4. If the minor is coming directly home from a school activity or an activity of religious or other voluntary association, or an organized team sporting event with an adult coach present. This exception will apply for one-half (1/2) hour after the completion of such event. If the event does not have a fixed, publicly known time at which it will end, the sponsoring organization must register the event with the police department at least twenty four (24) hours in advance, informing said department of the time such event is scheduled to begin, the place at which said event shall be held, the time at which the event shall end, and the name of the sponsoring organization.
5. If the minor is exercising first amendment rights protected by the constitution, such as the free exercise of religion, speech or assembly, provided the minor first has given notice to the chief of police by delivering a written communication signed by the minor and countersigned by a parent of the minor, which specifies when, where, in what manner, and for what first amendment purpose the minor will be on the streets at night during the curfew period.
D. Violations:
1. Arrest Of Minor; Procedure:
a. A police officer who has probable cause to believe that a minor is in violation of this section shall arrest the minor and take such minor to the police station. At that time, the minor's parent, legal guardian or adult person having the care and custody of the minor shall be immediately contacted. When the parent, legal guardian or adult person having care and custody of such minor arrives at the police station, or when such minor is taken to the residence of such parent, legal guardian or adult person having the care and custody of the minor, such parent, legal guardian or adult person having the care and custody of the minor shall be given a copy of this section, the notice as provided in subsection D2 of this section.
b. The minor and parent, legal guardian, or adult person having the care and custody of the minor shall be required to sign a document ("promise to appear") evidencing their promise that the minor and parent, legal guardian or adult person having the care and custody of the minor will appear before the municipal court at the date and time that the minor has been scheduled to appear before the municipal court. The minor and parent, legal guardian, or adult person having the care and custody of the minor shall be given a copy of the promise to appear. If no such parent, legal guardian or adult person having the care and custody of the minor takes custody of the minor, the minor may be referred to youth and family services pursuant to state law, released to a responsible adult or relatives, or such other action as the police officials deem necessary.
2. Charging Minor With Violation; Notice To Parent: In the case of a violation of this section by a minor, the minor shall be charged with violation of curfew. In addition, the police shall send the minor's parent, legal guardian or adult person having the care and custody of the minor, written notice of the violation, by certified mail, return receipt requested, or by serving such notice personally on such person, warning them that further violations may result in the filing of a charge against such parent, legal guardian or adult person having the care and custody of the minor for a violation of subsection D3 of this section.
3. Parents Held Responsible For Violation By Minor: No parent, legal guardian or other adult person having the care and custody of a minor shall permit such minor to violate the provisions of subsection B of this section. In any prosecution for the violation of the provisions of this section, conviction of the minor for violation of subsection B of this section, together with proof that the parent, legal guardian or adult person having the care and custody of such minor was given written notice of a previous violation of subsection B of this section, shall constitute in evidence a prima facia presumption that the parent, legal guardian or adult person having the care and custody of such minor permitted such minor to violate subsection B of this section. (Ord. 839, 10-5-1999)
E. Penalty: Any person violating the provisions of this section shall, upon conviction thereof, be fined in an amount set by the board of commissioners as provided in the fines and fees schedule in appendix A, division III of this code. (Ord. 839, 10-5-1999; amd. 2013 Code)