(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLOW. To either permit or neglect to prevent with actual or constructive knowledge. Knowledge will be presumed if the circumstances be such that a reasonably prudent parent should have known the child was violating this section.
CITY OF LAGRANGE, KENTUCKY or CITY. Includes those areas located inside of the limits of said city.
MINOR. Any person under the age of 18.
PARENT. Any person having legal custody of a minor:
(a) As a natural or adoptive parent;
(b) As a legal guardian;
(c) As a person who stands “in place of parents”; or
(d) As person to whom legal custody had been given by order of court, or by another person(s) or entity with the authority to grant or transfer legal custody.
REMAIN. To stay behind, to tarry or to stay unnecessarily at, upon or in any public assembly, building, place, street or highway.
(B) Curfew violation.
(1) It shall be unlawful for any person under the age of 18 to be or remain at, in or upon any public assembly, building, place, street or highway with the city at night during the following periods:
(a) 1:00 a.m. to 6:00 a.m. Saturday;
(b) 1:00 a.m. to 6:00 a.m. Sunday;
(c) 11:00 p.m. Sunday to 6:00 a.m. Monday;
(d) 11:00 p.m. Monday to 6:00 a.m. Tuesday;
(e) 11:00 p.m. Tuesday to 6:00 a.m. Wednesday;
(f) 11:00 p.m. Wednesday to 6:00 a.m. Thursday; and
(g) 11:00 p.m. Thursday to 6:00 a.m. Friday
(2) It shall be unlawful for any parent of a minor to allow such minor to be or remain at, in or upon a public assembly, building, place, street or highway in the city under circumstances not constituting an exception as enumerated in division (C) of this section during the time periods contained in division (B)(1) of this section.
(C) Exceptions. In the following exception cases a minor found at, in or upon any public assembly, building, place, street or highway in the city during the nocturnal hours provided for in division (B) of this section shall not be considered in violation of this section:
(1) When the minor is accompanied by a parent;
(2) When the minor is accompanied by an adult who has been authorized by a parent of such minor;
(3) When 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, provided that written notice signed by the minor and countersigned by a parent is in the possession of such minor specifying when, where and in what manner said minor will be exercising such First Amendment rights;
(4) In case of reasonable necessity but only after such minor’s parent has communicated to the Police Department in writing the facts establishing such reasonable necessity; if, in the judgment of the highest ranking police officer available at the time of a suspected violation of this ordinance, reasonable necessity is not established, a violation will be determined to have occurred;
(5) When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next-door neighbor who has not communicated an objection to a police officer or the police department;
(6) When returning home, by a direct route from, and within one hour of the termination of, a school activity, or any activity of a religious or other voluntary association, provided that justification indicating the place and time of termination of said event can be given to and verified by an investigating officer of the Police Department;
(7) When engaged in a business or occupation which the laws of the state authorize a person under 18 years of age to perform; and
(8) When the minor is, with parental consent, in a motor vehicle with a lawfully authorized driver.
(D) Police authority.
(1) A police officer upon finding or being notified of any minor at, in or upon any public assembly, building, place, street or highway whose parent is believed to be in violation of this section may stop and question such minor and request such information as his or her name and age and the name and address of his or her parent, guardian or person having legal custody.
(2) If the police officer determines or has reasonable cause to believe that a curfew violation has occurred, the police officer may obtain from the minor the information necessary to issue a citation to the minor’s parent, and then either take the minor home or direct the minor to proceed immediately to his or her home.
(E) Penalty. Any parent, guardian, or person having legal custody allowing a minor to violate division (B)(1) shall be, for the first offense, subject to a fine of no more than $100 and for the second and subsequent offenses shall be subject to a fine of no more than $500 or imprisonment for a period not to exceed six months or both.
(Ord. 2-96, passed 3-4-1996)