(1) The following shall constitute valid exceptions to the operation of the curfew:
(a) At any time, if a juvenile is accompanied by his or her parent or an authorized adult;
(b) At any time, if a juvenile is involved in, or attempting to remedy, alleviate or respond to an emergency;
(c) If the juvenile is engaged in a lawful employment activity or is going to or returning home from his or her place of employment;
(d) If the juvenile 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 juvenile;
(e) If the juvenile 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 juvenile;
(f) If the juvenile is on an errand as directed by his or her parent, without any detour or stop;
(g) If the juvenile is engaged in interstate travel;
(h) If the juvenile is on the public right-of-way, boulevard or sidewalk abutting the juvenile's residence or abutting the neighboring property, structure or residence;
(i) If the juvenile 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 rights of assembly; or
(j) If the juvenile is homeless or uses a public or semi-public place as his or her usual place of abode.
(2) It is an affirmative defense to prosecution under this section that:
(a) The owner, operator or employee of an establishment promptly notified the Police Department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave; or
(b) The owner, operator or employee reasonably and in good faith relied upon a juvenile's representations of proof of age. Proof of age may be established pursuant to M.S. § 340A.503, Subd. 6, as it may be amended from time to time or other verifiable means, including, but not limited to, school identification cards and birth certificates.
(Prior Code, § 501.05) (Ord. 23-95, passed 12-11-1995)