(A) Curfew hours.
(1) No person who is 17 years of age or younger shall be in or upon any public place during the period ending at 6:00 a.m., and beginning at:
(a) 10:00 p.m. for minors 14 years of age or younger;
(b) 11:00 p.m. for minors 15 years of age or older.
(2) The provisions and limitations in division (A)(1) shall be in effect daily, with the exception of Fridays and Saturdays. At such other times, and during other periods, the curfew period shall end at 6:00 a.m. and shall begin at:
(a) 11:00 p.m. for minors 14 years of age or younger;
(b) 12:00 midnight for minors 15 years of age or older.
(3) Any minor who is found to be in violation of any provision of this division (A) shall have committed an act of unruly conduct, and shall be cited to the Juvenile Court of Ottawa County, Ohio, in relation thereto.
(B) Exceptions. The following shall constitute valid exceptions to the operation of the curfew limitations established by this section:
(1) When the minor is accompanied by his or her parent;
(2) When the minor is accompanied by an adult person who has been authorized by a parent of the minor to take the parent's place in accompanying the minor for a designated period of time, and in relation to a designated purpose;
(3) When the minor is exercising his or her rights under the First Amendment of the United States Constitution, such as free exercise of religion, freedom of speech, and the right of assembly, provided the minor first has given notice to the Police Department and the village by delivering to the Police Department a written communication signed by the minor and countersigned, if practicable, by a parent or the minor which specifies when, where, in what manner, and for what First Amendment purpose the minor will be on the streets at night during the curfew period;
(4) When the minor is on the sidewalk, treelawn or devil’s strip of the place wherein such minor resides, or of properties directly adjacent thereto absent objection from the owners and/or occupants of the same;
(5) While engaged in lawful employment;
(6) While returning home by a direct route from his or her lawful employment, a school activity, an activity of a religious, other voluntary entity, or a public association or group; or from a place of public entertainment, such as a movie, play, concert, organized recreational activity, sporting event or amusement park; from and within 30 minutes of the termination of the same; and
(7) When the minor is a married or otherwise emancipated person.
(C) Parental responsibility.
(1) No person having legal custody of a minor shall knowingly permit, or, by inefficient control, allow such minor to be in or upon any public place in violation of a curfew limitation established hereby, and under circumstances not constituting an exception hereto. KNOWINGLY includes knowledge which a parent reasonably should be expected to have concerning the whereabouts of a minor in his or her custody.
(2) It shall be an affirmative defense to a violation under this division (C) that the parent involved within 30 days preceding the alleged offense filed or caused to be filed a complaint against the minor alleging him or her to be an unruly child under R.C. Chapter 2151, which complaint has been adjudicated or is then pending.
(D) Definitions. For the purposes of this section, the following terms, phrases, words and their derivatives shall have the meanings set forth hereinbelow:
MINOR. Any person 17 years of age or younger.
PARENT. Any person having legal custody or residence of a minor:
(a) As a natural or adoptive parent;
(b) As a legal guardian;
(c) As a person who stands in loco parentis; or
(d) As a person to whom the legal custody or residence has been given by court order.
PUBLIC PLACE. Any street, highway, alley. thoroughfare, or right-of-way, including sidewalks; any park, playground, ground, place or building open to the public; any privately-owned or publicly-owned place of amusement, entertainment, recreation, or public accommodation, including parking lots and other areas adjacent thereto; and any vacant lot or land, or, if the presence of the minor thereupon is without the consent or knowledge of the owner, any private property.
TIME OF NIGHT. The prevailing standard of time, generally observed at that hour by the public in the village, prima facie evidence of which shall be the time then observed in the administrative offices and the Division of Police of the village.
VILLAGE. The Village of Marblehead, Ohio.
YEAR OF AGE. Shall continue from one birthday through, but not including the next, so that the phrase "17 years of age or less" shall be equivalent to the phrase "under 18 years of age"; and the phrase "11 years of age or less" shall be equivalent to "under 12 years of age".
(E) Penalty.
(1) Any minor who is alleged to be in violation of division (A) of this section shall be alleged to be an unruly child, and shall be dealt with in accordance with law and procedure applicable to juvenile offenders;
(2) Whoever violates division (C) of this section shall be guilty of contributing to the unruliness of a minor within the meaning of R.C. § 2919.24, a misdemeanor of the first degree, and shall be dealt with in accordance with law and procedure applicable to the juvenile courts of the State of Ohio; and
(3) Each and every violation under this section as to a separate curfew period shall be and constitute a separate and distinct violation.
(Ord. 13, 2007, passed 10-11-2007)