A. Definitions: Whenever used in this section:
CURFEW HOURS: 1. Eleven o'clock (11:00) P.M. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until six o'clock (6:00) A.M. of the following day; and
2. Twelve o'clock (12:00) midnight until six o'clock (6:00) A.M. on any Saturday or Sunday.
EMERGENCY: An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent bodily injury or loss of life.
ESTABLISHMENT: 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 or entertainment.
GUARDIAN: 1. A person who, under court order, is the guardian of the person of a minor; or
2. A public or private agency with whom a minor has been placed by a court.
MINOR: Any person under seventeen (17) years of age.
OPERATOR: Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT: A person who is:
1. A natural parent, adoptive parent, legal guardian or stepparent of another person; or
2. At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
B. Offenses:
1. A minor commits an offense if he is present in any public place or on the premises of any establishment within the city during curfew hours.
2. A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to be present in any public place or on the premises of any establishment within the city during curfew hours.
3. The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
C. Exceptions:
1. A minor does not commit an offense under subsection B1 of this section if the minor was:
a. Accompanied by the minor's parent or guardian or other responsible companion at least eighteen (18) years of age approved by the parent or guardian;
b. In a motor vehicle involved in interstate travel;
c. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
d. Involved in an emergency;
e. 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, 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 city, a civic organization, or another similar entity that takes responsibility for the minor;
f. Exercising first amendment rights protected by the United States constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
g. Married or had been married or is an emancipated minor under the emancipation of mature minors act, as amended.
2. A parent or guardian of a minor does not commit an offense under subsection B2 of this section if any exception in subsection C1 of this section applies.
3. An owner, operator, or employee of an establishment does not commit an offense under subsection B3 of this section if he promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave or if any exception in subsection C1 of this section applies.
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 exception in subsection C of this section applies.
E. Penalties: A person who violates a provision of this section is guilty of a separate offense for each day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00). (Ord. 675, 6-14-2004)