In the following exceptional cases a minor on a Borough street during the nocturnal hours fixed by §6-204 shall not be considered in violation of this Part.
A. When accompanied by a parent of such minor
B. When accompanied by an adult authorized by a parent of such minor to take said parent's place in accompanying said minor for a designated period of time and purpose within a specified area.
C. When 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. Such minor shall evidence the bona fide nature of such exercise by first delivering to the Borough Police Station a written communication, signed by such minor and countersigned, if practicable, by a parent of such minor with the parent's home address and telephone number, addressed to the Mayor of the Borough, specifying when, where and in what manner said minor will be on the streets at night (during hours when this Part is otherwise applicable to said minor) in the exercise of a First Amendment right specified in such communication.
D. When there is reasonable necessity that the minor be out on the streets, but only after such minor's parent has communicated to Borough Police Station personnel facts establishing such reasonable necessity, and specifying the route, designated time, the described purpose and points of origin and destination. A copy of such communication, or of the police record thereof, duly certified by the Police Station personnel to be correct, with an appropriate notation of the time it was received and of the names and address of such parent and minor, shall be admissible evidence.
E. When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either of the minor's next-door neighbors who have not communicated an objection to the police officer.
F. When returning home, by a direct route from (and within 30 minutes of the termination of) a school activity, or an activity of a religious or other voluntary association, of which prior notice, indicating the place and probable time of termination, has been given in writing to, and duly filed for immediate reference by the Chief of Police or the officer assigned by him on duty at the police station, thus encouraging (here as in other exceptional situations) conduct on the part of minors involved in such activities and striking a fair balance among somewhat conflicting interests.
G. When authorized, by special permit from the Mayor, carried on the person of the minor thus authorized, as follows: When necessary nighttime activities of a minor may be inadequately provided for by other provisions of this Part, then recourse may be had to the Mayor of the Borough, either for a regulation as provided in subsection (H) or for a special permit as the circumstances warrant. Upon the Mayor's finding of necessity for the use of the streets to the extent warranted by a written application (as judicially approved in People v. Walton, 161 P.2d 498, 503-503, (Cal. App. 1945), signed by a minor and by a parent of such minor if feasible stating (1) the name, age and address of such minor, (2) the name, address and telephone number of a parent thereof, (3) the height, weight, sex, color of eyes and hair and other physical characteristics of such minor, (4) the necessity which requires such minor to remain upon the streets during the curfew hours otherwise applicable, and (5) the street or route and the beginning and ending of the period of time involved by date and hour, the Mayor may grant a permit in writing for the use by such minor of such streets and at such hours as in the Mayor's opinion may reasonably be necessary. In an emergency this may be handled by telephone, or other effective communication, with a corresponding record being made contemporaneously, either to the Mayor, or if available, to the police officer authorized by the Mayor to act on his behalf in an emergency, at the police station.
H. When authorized by regulation issued by the Mayor, the Mayor may promulgate regulations designating "reasonable necessity" handled similarly to § 6-205(G) but adapted to necessary night time activities of more minors that can readily be dealt with on an individual, special permit basis. Normally such regulation by the Mayor permitting use of the streets should be issued sufficiently in advance to permit appropriate publicity through news media and through other agencies such as the schools and shall define the activity, the scope of the use of the streets permitted, the period of time involved not to extend more than 30 minutes beyond the time for termination of such activity, and the reason for finding that such regulation is reasonably necessary to implement the purposes of this Part.
I. When the minor carries a certified card of employment, renewable each calendar month, dated or re-issued not more than 45 days previously, signed by the Mayor and briefly identifying the minor, the addresses of his home and of his place of employment, and his hours of employment.
J. When the minor is, with parental consent, in a motor vehicle. This contemplates normal travel. From excess of caution, this clearly exempts bona fide interstate movement through Marysville, and also exempts interstate travel beginning or ending in Marysville.
K. When the minor is 17 years of age, if and when the Mayor shall have determined, by formal rule first reported to and approved by Council, reported in its minutes and the press, finding: (1) the facts as to the extent (minimal) of juvenile delinquency in such age group permitting such rule; (2) that, currently, such rule is in the best interests of said minors and of the Borough; and (3) that this Part should be relaxed; then the Mayor by such formal rule, covering a period of time designated therein or until decision thereof not exceeding 1 year from the date thereof, may take appropriate action excepting designated minors, minors in a defined group or area, or all minors (as the current facts may warrant) 17 years of age at that date or attaining 17 years of age during the period that such formal rule is and remains in effect.
L. Each of the foregoing exceptions, and their several limitations, such as provisions for notification, are severable. Additional exceptions may be considered by Council as warranted by future experience illuminated by the views of student government associations, school personnel, citizens, association, neighborhood spokesmen, parents, officers and persons in authority concerned positively with minors as well as with juvenile delinquency.
(Ord. 346, 2/4/1980, §5)