(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS.
(a) For all persons under the age of 18 years and at least 16 years of age, between the hours of 11:00 p.m. and 5:00 a.m. of the following day.
(b) For all persons under the age of 16 years, between the hours of 10:00 p.m. and 5:00 a.m. of the following day.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT. Any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
GUARDIAN.
(a) A person who, under court order, is the guardian of the person of a minor; or
(b) A public or private agency with whom a minor has been placed by a court.
MINOR. Any person under 18 years of age.
OPERATOR. Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT. A person who is:
(a) A natural parent, adoptive parent or step-parent of another person; or
(b) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to streets, highways, parks, playgrounds and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops or businesses.
REMAIN.
(a) To linger or stay; or
(b) To fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.
SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(B) (1) It shall be unlawful for any minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(2) It shall be unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours. The term
KNOWINGLY includes knowledge which a parent or guardian should reasonably be expected to have concerning the whereabouts of a minor in the legal custody of that parent or guardian.
(3) It shall be unlawful for any owner, operator or any employee of an establishment to knowingly allow a minor to remain upon the premises of the establishment during curfew hours.
(C) The following shall constitute valid exceptions to the operation of the curfew that the minor was:
(1) Accompanied by the minor's parent or guardian;
(2) On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity or going to or returning home from an employment activity without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor's presence; or
(7) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor, or 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 the city, a civic organization or another similar entity that takes responsibility for the minor.
(D) Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place and may demand proof of age. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in division (C) above is present.
(Ord. 91, passed 6-30-1994) Penalty, see § 10.99