(a) Definitions:
(1) Village is the Village of Luckey.
(2) Minor is any person under the age of eighteen (18) years, whose care and custody, as well as right to earnings, repose with a parent or legal guardian. It does not include an emancipated minor or anyone under the age of eighteen (18) years who is legally married.
(3) Public place shall include any bar, bowling alley, café, drive-in restaurant, drug store, grocery store, hamburger stand, public or private parking lot, pool room, restaurant, saloon, super market, or any place dedicated to amusement and entertainment to which the public is invited, and shall include, in addition, all public streets, alleys, highways, walkways, parks, and squares within the Village which are used by the public. Public place shall include riding upon or in, or operating a motor vehicle, bicycle, motorized bicycles or motorcycles as those vehicles that are defined in Chapter 301.
(b) Prohibition Minors. No minor shall be present in any public place within the Village of Luckey between the hours of 10:00 p.m. and 5:00 a.m. unless said minor is accompanied by a parent, legal custodian, or some other adult person who has been authorized by a parent or said minor to have a said minor in a public place between the hours indicated.
(c) Prohibition Parents. No person, whether as parent, legal guardian, or legal custodian of a minor, shall permit said minor, unaccompanied by his parent, legal guardian, legal custodian, or some other specifically authorized adult person to be in a public place within the Village in violation of subsection (b) hereof. Any parent, legal guardian, or legal custodian shall be presumed to have permitted a minor in his care or custody, if said minor is found in a public place in violation of this section, and the parent, legal guardian, or legal custodian does not have knowledge of the whereabouts of said minor child, or has failed to exercise reasonable care to determine or know the whereabouts of said minor between the hours set forth in this section.
(d) Exceptions. No minor or adult person shall be deemed to be in violation of either subsection (b) or (c) hereof, if said minor is found in a public place between the hours of 10:00 p.m. and 5:00 a.m. provided said minor is engaged in, or traveling by the most direct route available, to or from his home and the site of any organized school activity, religious activity, civic activity, or organized sport event, or if said minor is engaged in lawful employment with consent of his parent, legal guardian or legal custodian.
(e) Police Authority. Any Police Officer of the Village of Luckey Police Department shall be authorized to stop and require identification of any person who is found in or upon a motor vehicle, bicycle, motorized bicycles or motorcycle, or who loiters, idly remains, congregates, tarries or stays in a public place, during the prescribed hours as set forth hereinabove, and whose actions, appearance, demeanor, or other face within the knowledge of the police officer gives rise to the reasonable belief that said person is a minor. The Identification required shall include the person’s age, home address, phone number, and if the person resides outside the limits of the Village of Luckey, the address where said person may be staying within the Village. Any person stopped and found not to be a minor shall be allowed to proceed with no record made of the inquiry.
(f) Duties of Police Officer if Violation Occurs. It shall be the duty of a police officer finding a minor in violation of this section to take said minor to his home within the Village of Luckey and discuss the provisions of this section with the parent, legal guardian or custodian of said minor and to issue a warning citation. If the parent, legal guardian, or legal custodian of said minor cannot be located, or if said minor resides outside of the village, the officer, at his discretion, may obtain said minor found in violation of this section, and take said minor to a convenient place where said parent, legal guardian, or legal custodian, can be called. The police officer shall make a written record of the information obtained from said minor child and a brief summary of the facts surrounding the stopping of said child and shall release said minor to the custody of the parent, legal guardian, or legal custodian, if said person can be found or reached by telephone. If said parent, legal guardian, or legal custodian cannot be found or reached by telephone, the officer, at his discretion, may review the provisions of this section with said minor and release him or may refer said child to the Wood County Juvenile Court or other proper governmental agency authorized to handle juveniles within Wood County.
(g) Adult Penalties. Any parent, legal guardian, or legal custodian, found in violation of this section, after being given the first warning provided for in subsection (f) hereof, and whose minor child is thereafter found in violation of this section shall be deemed guilty of a minor misdemeanor on the first time said party is cited under this section. On each subsequent offense said parent, legal guardian or legal custodian shall be guilty of a misdemeanor of the fourth degree.
(h) Penalties Applying to the Minor. Any minor found in violation of this section after receiving the warning provided in subsection (f) hereof shall be referred to the Juvenile Court of Wood County, Ohio, for a determination as to whether or not said minor should be proceeded against, as may be appropriate under Chapter 2151 of the Ohio Revised Code, as an unruly child, a delinquent child, or a neglected child.
(i) Record Keeping Responsibility. All records required to be maintained pursuant to the terms and provisions of this section shall be considered confidential in order to protect the minor involved, and shall be available for inspection only by the Mayor of the Village of Luckey, the legal officer of the Village of Luckey if said legal officer is called upon to prosecute any charge under the terms and provisions of this section, the member of the Police Department of the Village of Luckey, and the Judge and administrative personnel of the Wood County Juvenile Court. In addition, said records shall be available for inspection by the parent, legal guardian, or legal custodian, or attorney for the parent, guardian, custodian, or minor charged under the terms and provisions of this section.
(j) Penalties. Any violation of the provisions of this section shall constitute a minor misdemeanor for the first offense. If within one (1) year of the offense the offender has plead guilty or been convicted of a violation of this section, such offense is a misdemeanor of the fourth degree.
(Ord. 607. Passed 6-21-00.)