(A) It is unlawful for a person less than seventeen (17) years of age to be present at or upon any public assembly, building, place, street or highway at the following times unless one of those exceptions listed in subsection (B) of this section applies:
1. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. Saturday;
2. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. Sunday; and
3. Between one minute after eleven o'clock (11:01) P.M. on Sunday to Thursday, inclusive, and six o'clock (6:00) A.M. on the following day.
(B) This section shall not apply to any person less than seventeen (17) years of age who is involved in the following activities:
1. Accompanied and supervised by a parent, legal guardian, or other responsible companion of at least seventeen (17) years of age who is approved by the parent or legal guardian;
2. Engaged in a business or occupation which the laws of this state authorize a person less than seventeen (17) years of age to perform;
3. Attending or traveling to or from an official school, religious or civic activity;
4. Attending or traveling to or from any assembly activity for which a permit has been lawfully issued;
5. Involved in an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage; or
6. Any activity which involves the exercise of the minor's first amendment rights.
(C) Before issuing any citation pursuant to this section, the citing officer shall reasonably determine if the person is involved in any activity as considered under subsection (B) of this section. If the officer determines that the person is involved in such an activity, then no citation shall be issued. If the officer, however, has reasonable belief that the person is not involved in such activity as considered under subsection (B) of this section, then the officer shall issue a citation pursuant to this subsection.
(D) It is unlawful for a parent, legal guardian or other person to knowingly permit a minor in his custody or control to violate subsection (A) of this section.
(E) A person violating this section shall be issued a citation and fined as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”. (Ord. 2004-3828, 5-3-2004; amd. Ord. 2021-4921, 9-20-2021)