(a) Definitions. In this section:
(1) “Curfew hours” means the hours between 10:00 p.m. and 5:00 a.m.
(2) “Emergency” means an unforeseen combination of circumstances or resulting state that calls for immediate action. “Emergency” includes, but is not limited to, a fire, a natural disaster or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(3) “Establishment” means 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, entertainment, restaurant or other business activity.
(4) “Guardian” means:
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.
(5) “Minor” means a person under eighteen years of age.
(6) “Parent” means a person who is:
A. A natural parent, adopted parent or step-parent of another person; or
B. At least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.
(7) “Public place” means any place to which the public or a substantial group of public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, transport facilities, restaurants and shops.
(8) “Remain” means to:
A. Linger or stay; or
B. 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.
(9) “Serious bodily injury” means 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.
(10) “Implied consent to remain on premises”. An owner, operator or individual having ontrol of the premises shall be deemed to have consented to the minor’s presence during curfew hours, where the owner, operator or individual having control of the premises is aware or should be aware of the minor’s presence and has not requested the minor to leave.
(b) Offenses.
(1) No minor shall remain in any public place within the Municipality during curfew hours, except for as set forth in subsection (c) hereof.
(2) No minor shall remain in any establishment within the Municipality during curfew hours after the minor has been requested to leave the premises by the owner, operator or individual having control of the premises.
(3) No parent or guardian of a minor shall permit or by insufficient control allow a minor to remain in any public place within the Municipality during curfew hours, except for as set forth in subsection (c) hereof.
(4) No parent or guardian of a minor shall permit or by insufficient control allow a minor to remain on the premises of any establishment within the Municipality after the minor has been requested to leave the establishment by the owner, operator or individual having control of the establishment.
(c) Defenses. It is a defense to the prosecution under subsection (b) hereof 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) The minor is on the premises of an establishment with either the express or implied consent of the owner, operator or individual having control of the premises and has not been requested to leave the premises by the owner, operator or individual having control of the premises;
(4) In a motor vehicle involved in interstate travel;
(5) Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;
(6) Involved in an emergency;
(7) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the Municipality, 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 Municipality, a civic organization or another similar entity that takes responsibility for the minor;
(8) Married or had been married.
(d) Enforcement. 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. 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 under subsection (c) hereof is present.
(e) Penalty. Whoever violates a provision of this section is guilty of a misdemeanor of the fourth degree. A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which a violation is committed, continued or permitted.
(Ord. 95-09. Passed 4-17-95.)