(A) Time limits. It is unlawful for any youth under the age of 18 years to be or remain upon any public place or establishment within the town between the hours of 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, Thursday, Friday and Saturday until 7:00 a.m. of the following day.
(B) Out-of-school suspension time limit. It is unlawful for any youth who has been suspended from school or has failed to attend school for any reason during regular school hours, who is not in the company of a parent or guardian, to be or remain upon any establishment or public place in the city between the hours of 7:30 a.m. and 3:30 p.m. on any school day.
(C) Parent or guardian in violation. A parent or guardian of a youth shall be in violation of this section if he or she knowingly permits, and/or by inadequate supervision, allows the youth to remain on the premises of any establishment or in any public place within the city during the restricted hours. The term KNOWINGLY includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a youth in that parent’s legal custody. This requirement is intended to hold a neglectful or careless parent up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such youth.
(D) Owners, operator or any employee in violation. The owners, operator or any employee of an establishment shall be in violation to this section if he or she knowingly allows a youth to remain upon the premises of the establishment during the restricted hours. The term KNOWINGLY includes knowledge that an operator or employer should reasonably be expected to have concerning the patrons of an establishment.
(E) Abetting. It shall be a violation of this section for any person 18 years or older to aid or abet a youth in the violation of division (A) above.
(F) Custody. It shall be a violation of this section for a parent or guardian of a youth to refuse to take custody of the youth during the restricted hours.
(Ord. passed 2-8-2012) Penalty, see § 134.99