(A) It shall be unlawful for a minor to be in any public place or on the premises of any establishment during curfew hours as defined above unless he or she is:
(1) Accompanied by his or her parent or guardian;
(2) In the custody of and accompanied by a person who has reached 18 years of age, but only if the person possesses the written consent of the minor’s parent or guardian;
(3) In a motor vehicle currently being used in interstate travel; or
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop.
(B) It shall be unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control, allow, the minor to be in or remain in any public place or on the premises of any establishment during curfew hours unless the minor is:
(1) Accompanied by the minor’s parent or guardian;
(2) In the custody of an accompanied by a person who has reached 18 years of age, but only if the person possesses the written consent of the minor’s parent or guardian;
(3) In a motor vehicle currently being used in interstate travel; or
(4) Engaged in an employment activity, or going to or returning home from an employment activity.
(C) It shall be unlawful for any person over the age of 17 years to aid, abet, encourage or assist any minor under the age of 17 years to violate the provisions of this section.
(D) Any person violating the provisions of division (A) above shall be subject to apprehension by any police officer on duty or other authorized person without warrant; provided, however, that no such minor person shall be placed in confinement until the parent or guardian shall have been notified of such police custody. Upon such notice being given, the custody of such minor person shall forthwith be transferred to such parent, guardian or legal custodian upon satisfactory assurance to the apprehending officer or his or her superior that such parent, guardian or legal custodian shall appear with the minor child in the Municipal Court of the town at the time designated.
(E) It shall be an affirmative defense to the charges under division (A) above that the minor was:
(1) Involved in an emergency;
(2) 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;
(3) Attending an official school, religious or recreational activity supervised by adults and sponsored by the town, a civic organization or another similar entity;
(4) 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 town, a civic organization, religious organization or another similar entity; or
(5) On an errand at the direction of his or her parent, guardian, without any detour or stop.
(F) It shall be an affirmative defense to the charges under divisions (A) and (B) above that the minor has been determined by a court of competent jurisdiction prior to the alleged violation to be beyond the control of the parent or guardian.
(G) It shall be the duty of the Municipal Judge of the town to hold a hearing and determine the complaints filed pursuant to divisions (A), (B) and (C) above as in other cases, and it shall be the duty of the Municipal Judge to report for further investigations to the Juvenile Court of the county the names of all minor persons violating the curfew provisions for the second or more times, together with the names of the parents, guardians or legal custodians of such minor person.
(Ord. 2007-1, passed 8-9-2007) Penalty, see § 136.99