(a) Minors under 13. Persons under the age of 13 shall not be upon any public street, alley, park, sidewalk or any other public place during the following times unless accompanied by a parent, lawful guardian or other adult person having care or control of the minor with the consent of the parent or lawful guardian:
(1) Between the hours of 7:00 p.m. and 6:00 a.m. of the following day, Sunday through Thursday, from September 1 through May 31.
(2) Between the hours of 9:00 p.m. and 6:00 a.m. of the following day, Friday and Saturday, from September 1 through May 31.
(3) Between the hours of 9:00 p.m. and 6:00 a.m. of the following day, Sunday through Saturday, from June 1 through August 31.
(b) Minors 13 to 15. Persons age 13 to and including age 15 shall not be upon any public street, alley, park, sidewalk or any other public place during the following times unless accompanied by a parent, lawful guardian or other adult person having care or control of the minor with the consent of the parent or lawful guardian:
(1) Between the hours of 8:00 p.m. and 6:00 a.m. of the following day, Sunday through Thursday, from September 1 through May 31.
(2) Between the hours of 10:00 p.m. and 6:00 a.m. of the following day, Friday and Saturday, from September 1 through May 31.
(3) Between the hours of 10:00 p.m. and 6:00 a.m. of the following day, Sunday through Saturday, from June 1 through August 31.
(c) Minors 16 and 17. Persons age 16 to and including age 17 shall not be upon any public street, alley, park, sidewalk or any other public place during the following times unless accompanied by a parent, lawful guardian or other adult person having care or control of the minor with the consent of the parent or lawful guardian:
(1) Between the hours of 10:00 p.m. and 6:00 a.m. of the following day, Sunday through Thursday, from September 1 through May 31.
(2) Between the hours of 12:00 midnight and 6:00 a.m., Friday and Saturday, from September 1 through May 31.
(3) Between the hours of 12:00 midnight and 6:00 a.m., Sunday through Saturday, from June 1 through August 31.
(d) Defenses. It is an affirmative defense to a charge of violating division (a), (b) or (c) of this section that the person was returning directly home from a school or church activity or employment or that the person was responding to a life-threatening emergency at the direction of his or her parent, lawful guardian or other adult person having care or control of the minor with the consent of the parent or lawful guardian.
(e) Responsibility of parents and guardians. No parent, lawful guardian or other adult person having care or control of a minor with the consent of the parent or lawful guardian shall permit, or by insufficient control shall allow, such minor to be in or upon the public streets or any other places listed in divisions (a), (b) or (c) of this section during the above restricted hours.
(f) Police action.
(1) Police officers may stop and question a person they reasonably believe to be a minor in order to obtain the name, address and telephone number of his or her parent, lawful guardian or other adult person having care or control of the minor with the consent of the parent or lawful guardian, and such minor shall give such information to the police officer.
(2) If a minor refuses to give a police officer the correct information required by division (f)(1) of this section, he or she shall be subject to the penalties set forth in division (h) of this section, or, alternatively, he or she may be taken to the Police Department and the parent, lawful guardian or other adult person having care or control of such minor shall be notified to come and take care of the minor. If the parent, lawful guardian or other adult person having care or control of such minor cannot be located or fails to come and take charge of the minor, the minor and the parent, lawful guardian or other adult person having care or control of such minor shall be subject to the penalties set forth in division (h) of this section.
(g) Operators of businesses. No person operating or in charge of any place of amusement, entertainment or refreshment, or other place of business, shall recklessly allow or permit minors, unless accompanied by a parent, lawful guardian or other adult person having care or control of the minor with the consent of the parent or the lawful guardian, to be present in such places in violation of division (a), (b) or (c) of this section. Whenever the person operating or in charge of any such place of amusement, entertainment or refreshment, or other place of business, shall find a minor present in violation of division (a), (b) or (c) of this section, he or she shall immediately order the minor to leave such place, and, upon the minor's failure to do so, shall immediately notify the Police Department of such violation.
(h) Penalties; other remedies.
(1) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the third degree for a first offense. If an offender has previously been convicted of a violation of any of the provisions of this section, any subsequent violation is a misdemeanor of the first degree.
(2) The court may, in its discretion, waive, reduce or suspend the monetary penalty prescribed for the infraction and may impose such conditions on any suspension as it deems just. The court may order performance of a number of hours of community service in lieu of a monetary penalty. The court may order attendance at counseling or educational programs in lieu of a monetary penalty or community service.
(Ord. 133-94. Passed 9-26-94.)