(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS. 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday until 6:00 a.m. of the following day. During June 1 to August 31 (summer time), the times are 11:30 p.m. on Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday until 5:00 am. of the following day.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT. Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to any place of amusement or entertainment.
GUARDIAN.
(a) A person who, under court order, is the guardian of the person of a minor; or
(b) A public or private agency with whom a minor has been placed by a court.
MINOR. Any person under the age of 16.
OPERATOR. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT.
(a) A natural parent, adoptive parent, or step-parent of another person; or
(b) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
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, apartment houses, office buildings, transport facilities, and shops.
REMAIN.
(a) Linger or stay; or
(b) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
(B) Restrictions.
(1) It shall be unlawful for any minor to remain in any public place or on the premises of a any establishment within the city during curfew hours.
(2) It shall be unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours. The term
KNOWINGLY includes knowledge which a parent or guardian should reasonably be expected to have concerning the whereabouts of a minor in the legal custody of that parent or guardian.
(3) It shall be unlawful for any owner, operator, or any employee of an establishment to knowingly allow a minor to remain upon the premises of the establishment during curfew hours.
(C) Exceptions.
(1) The following shall constitute valid exceptions to the operation of the curfew. That the minor was:
(a) Accompanied by the minor’s parent or guardian;
(b) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(c) In a motor vehicle involved in travel;
(d) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(e) Involved in an emergency;
(f) 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;
(g) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
(h) 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; or
(i) Married or had been married.
(2) It is a defense to prosecution under division (B) above that the owner, operator, or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(D) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in division (C) above is present.
(E) Review of ordinance. Within six months after the initial enforcement of this section, the Chief of Police shall review this section and report and make recommendations to the City Council concerning the effectiveness of and the continuing need for this section. The Chief of Police’s report shall specifically include the following information:
(1) The practicality of enforcing this section and any problems with enforcement identified by the Police Department;
(2) The impact of the section on crime statistics;
(3) The number of persons successfully prosecuted for a violation of the section; and
(4) The city’s net cost of enforcing the section.
(F) The terms and provisions of this section are severable. If any provision of this section is, for any reason, held to be invalid, such decision shall not effect the validity of the remaining portions of this section. It is intended that the curfew ordinance be held inapplicable in such cases, if any, where its application would be unconstitutional.
(Ord. 7-2, passed 7-10-2000; Res. 14-209, passed 2-24-2014; Res. 15-107, passed 1-12-2015) Penalty, see § 130.99