(A) Definitions.
LOITER. Having no specific or apparent proper reason for being out or any necessity for being out in such a location as found in or coming from no specific location and going to no specific place that would be considered a reasonable necessity.
MINORS. Anyone under the age of 18 years of age or to be anyone under the age of 18 except where referred to in this Code relative to intoxicating and 3.2% malt liquors.
REASONABLE NECESSITY. Those activities which would be considered reasonably necessary by a reasonable adult such as church activities, authorized school activities or other adult sponsored activities of service clubs or public bodies.
(B) Curfew imposed.
(1) No person under the age of 16, except as provided in subsection (3) below, shall be on any public street or alley or in any park or other public grounds or building, place of amusement, entertainment or refreshment, vacant lot, or any other unsupervised place between the hours of 10:00 p.m. and 6:00 a.m. on the following day, Sunday through Thursdays, during the scheduled public school year. When the public school is not in session on the following day such as summer vacation, holiday vacations, teacher workshops, weekends, or any other days on which students are not required to be in school attendance, the curfew hours shall be between the hours of 11:00 p.m. and 6:00 a.m.
(2) No person between the ages of 16 and 18, except as provided in subsection (3), shall be in places as set forth in subsection (1) between the hours of 11:00 p.m. and 6:00 a.m. on the following day, Sunday through Thursdays during the scheduled public school year. When the public school is not in session on the following day such as summer vacation, holiday vacations, teacher workshops, weekends or other days on which students are not required to be in school attendance, the curfew hours shall be between the hours of 12:00 a.m. and 6:00 a.m.
(3) The restrictions of subsection (2) do not apply when the minor:
(a) Is accompanied by the minor’s parent, guardian, or other person having the minor’s lawful care, custody or control;
(b) Is returning home by a direct route from and within 15 minutes after a school, religious or voluntary association activity when prior notice of the activity and its place and probable time of termination has been given to the Police Department by an adult person authorized by the school, religious or voluntary association to do so;
(c) Is carrying a certified card of employment and is on his way to or from his place of employment; or
(d) Is upon an emergency errand or other legitimate business directed by the minor’s parent, guardian, or other adult having the lawful custody of the minor.
(C) Responsibility of parent, guardian, or other custodial adult. No parent, guardian, or other adult having custody and control of a minor shall knowingly permit the minor to violate the provisions of subsection (B)(1) or (2).
(D) Responsibility of other persons. Whenever the owner or person in charge or control of any place of amusement, entertainment or refreshment, or other place of business shall find any minor in such place in violation of subsection (B)(1) or (2), he shall immediately order the person to leave, and if the person refuses to leave, the owner or person in charge shall immediately inform the Police Department of the violation.
(E) Penalties. Any minor found on a street or other place in violation of division (B) of this section shall be ordered to go home immediately. After investigation, if the responsible city authorities determine that court action should be initiated, the minor shall be dealt with in accordance with the juvenile law and procedure. Any such minor who is convicted of a violation of this section after the case has been referred for prosecution in the trial court under M.S. § 260.15, as it may be amended from time to time, and any person who is convicted of a violation of any provision of division (B) of this section is guilty of a petty misdemeanor and shall be punishable by a fine as set forth in § 10.99.
(Ord. —, passed - -; Am. Ord. 308, passed 4-8-2002) Penalty, see § 130.99