A. The following shall constitute valid exceptions to the operation of the curfew:
1. At any time, if a minor is accompanied by his or her parent or an authorized adult.
2. At any time, if a minor is involved in, or attempting to remedy, alleviate, or respond to an emergency.
3. If the minor is engaged in a lawful employment activity, or is going to or returning home from his or her place of employment.
4. If the minor is attending an official school, religious, or other social or recreational activity supervised by adults and sponsored by a city or the County, a civic organization, or another similar entity that takes responsibility for the minor.
5. If the minor is 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 a city or the County, a civic organization, or another similar entity that takes responsibility for the minor.
6. If the minor is on an errand as directed by his or her parent, without any detour or stop.
7. If the minor is engaged in interstate travel.
8. If the minor is on the public right-of-way boulevard or sidewalk abutting the minor's residence or abutting the residence of the next-door neighbor if the neighbor has not complained to the Police Department about the minor's presence.
9. If the minor is exercising First Amendment rights protected by the United States Constitution (or those similar rights protected by article I of the Constitution of the State of Minnesota), such as free exercise of religion, freedom of speech, and the right of assembly.
10. If the minor is homeless or uses a public or semi-public place as his or her usual place of abode.
B. It is an affirmative defense to prosecution under subsection 5-3-3D that:
1. 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.
2. The owner, operator, or employee reasonably and in good faith relied upon a minor's representations of proof of age. Proof of age may be established pursuant to Minnesota Statutes, section 340A.503, subdivision 6, or other verifiable means, including but not limited to, school identification cards and birth certificates. (Ord. 552, sec. 1, 5-15-95, eff. 6-1-95)