(A) It is unlawful for any minor to be present in any public place or on the premises of any establishment within the city during curfew hours.
(B) It is unlawful for any parent or guardian or a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the city during curfew hours.
(C) It is a defense to prosecution under division (A) or (B) that the minor was:
(1) Accompanied by the minor's parent or guardian, or by a responsible adult;
(2) On an errand at the direction of the minor's parent or guardian, or the responsible adult, 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;
(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;
(8) Exercising First Amendment rights protected by the United States Constitution; or
(9) Emancipated pursuant to law.
(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 or on the premises of the establishment during curfew hours. 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 responses and other circumstances, no defense under § 4-4.02 (C) is present or applicable.
(E) Each violation of this section shall constitute a separate offense.
(F) It is unlawful for the parent, guardian, or other person having the legal care, custody, or control of any minor under the age of 18 years to allow or permit such minor to violate any provision of this chapter.
('61 Code, § 4-4.02) (Ord. 106 N.S., passed - - ; Am. Ord. 182 N.S., passed - - ; Am. Ord. 633 C.S., passed 2-15-95; Am. Ord. 683 C.S., passed 4-1-98)