(A) Definitions. For the purpose of enforcing and interpreting this section, the following definitions shall control.
(1) EMERGENCY.
Shall include but not be limited to the following: fire, natural disaster, vehicular accident, or obtaining immediate medical care for another person.
(2) GUARDIAN.
Any person to whom custody of a minor has been given by a court order.
(3) MINOR.
Any person under 17 years of age.
(4) PARENT.
A person who is the natural or adoptive parent of a minor. As used herein,
PARENT
shall also include a court appointed guardian or other person that is 18 years of age or older, authorized by the parent, by a court order, or by the court appointed guardian to have the care and custody of a minor.
(5) PUBLIC PLACE.
Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office building, transport facilities, and shops.
(B) Offenses.
(1) Minors. It shall be unlawful for a minor to purposefully remain, walk, run, stand, drive or ride about in or upon any public place in the town between the hours of 12:00 midnight and 6:00 a.m.
(2) Parents. It shall be unlawful for the parent having legal custody of a minor to knowingly allow or permit the minor to be in violation of the curfew imposed in division (B)(1) above.
(3) Unlawful conduct of owners or operators of establishments.
(a) No operator of an establishment or his agents or employees shall knowingly permit any minor upon the premises of said establishment between the hours of 12:00 midnight Friday and 6:00 a.m. Saturday, or between the hours of 12:00 midnight Saturday and 6:00 a.m. Sunday, official city time, or between the hours of 12:00 p.m. and 6:00 a.m. of the following day, on any other day of the week.
(b) No operator of an establishment or his agents or employees shall knowingly permit any minor between the ages of 6 and 16 years, inclusive, to remain upon the premises of said establishment between the hours of 9:00 a.m. and 1:45 p.m. during any school day unless he has written proof from school authorities excusing him from attendance at that particular time or unless accompanied by a parent or guardian or a person 21 years of age or older.
(4) Parent neglect.
(a) No parent shall knowingly permit any minor under the age of 17, not exempted under division (C) below to remain in or upon any pubic place or any establishment between the hours of 12:00 midnight and 6:00 a.m. Saturday or between the hours of 12:00 midnight and 6:00 a.m. Sunday, official town time, or between the hours of 12:00 p.m. and 6:00 a.m., of the following day, on any other day of the week.
(b) No parent shall knowingly permit any minor between the ages of 6 and 16 years, inclusive, to remain in or about any public place or any establishment between the hours of 9:00 a.m. and 1:45 p.m. during any school day unless he/she has written proof from school authorities excusing him from attendance at that particular time or unless accompanies by a parent or guardian or a person 21 year of age or older.
(c) It shall be unlawful for the parent, guardian, or other person having custody or control of any minor between the ages of 6 and 16, inclusive, to knowingly permit or, by insufficient control, to allow such minor to be in or upon any public place or any establishment between the hours of 12:00 midnight Saturday and 6:00 a.m. Sunday or between the hours of 11:00 p.m. and 6:00 a.m. of the following day, on any other day of the week.
(C) Defenses. It is a defense to prosecution under division (B) of this section that:
(1) The minor was accompanied by a parent or guardian;
(2) The minor was accompanied by another adult approved by the parent or guardian of the minor;
(3) The minor was on emergency errand;
(4) The minor was attending a school, community, government or religious activity or is going to or coming from a school, community, government or religious activity;
(5) The minor was engaged in a lawful employment activity or is going directly to or coming directly from a lawful employment;
(6) The minor was on the sidewalk of the place where the minor resides, or on the sidewalk of a place where the minor has permission from his/her parent or guardian to be or on the sidewalk of a next-door neighbor who has not communicated an objection to this activity by the minor to any police officer;
(7) The minor was upon an errand directed by his/her parent or guardian;
(8) The minor was in a motor vehicle involved in intrastate or interstate transportation or transportation for which passage through the curfew area is the most direct route;
(9) The minor was legitimately exercising his/her First Amendment Rights protected by the United States Constitution, including but not limited to the free exercise of religion, freedom of speech, and the right of assembly.
(D) Enforcement procedure.
(1) First offense. Any police officer, upon finding a minor in violation of division (B)(2) of this section, shall determine the name and address of the minor, and the name and address of the minor's parent or guardian. A warning notice shall be forwarded to the Juvenile Division of the Police Department, which shall send a letter to the parent or guardian of the minor advising of the fact that the minor was found in violation of this section, and soliciting cooperation from the parent or guardian to avoid any subsequent violations of this section by the offending minor.
(2) Second offense. Any police officer, upon finding that a minor is in violation of division (B) of this section, and that the minor has once previously been found in violation of division (B) of this section, and once previously warned as required in division (D)(1) above, shall again determine the minor's name and address and the name and address of the minor's parent and guardian. The parent or guardian shall be summoned to the Police Department and issued a $50 courtesy summons for violation of curfew after warning. A copy of the summons shall be placed in the file of the juvenile, along with the first warning notice. A conference at this time or at a convenient time shall be held or scheduled with both parties, with the juvenile officer of the Police Department; concerning the necessity of the enforcement of this section and the town's expectations of parental control of minors.
(3) Third offense. Any police officer, upon finding that a minor in violation of division (B) of this section, and that the minor and guardian has been first warned twice, $50 summons, in accordance of violation of division (B)(2), shall again determine the minor's name and address and the name and address of the minor's parent or guardian. A third summons shall be issued against the parent or guardian. A $100 courtesy summons shall be issued to said parent or guardian. The Police Department shall be responsible for filing all necessary papers, pursuant to this section, supply the Municipal Court with all necessary documentation, and provide such testimony as required to pursue any prosecution under this section against any minor or any parent or guardian.
(Ord. 94-13, passed 11-24-94) Penalty, see § 133.99