(A) It is a defense to prosecution under this section that the minor was:
(1) Accompanied by the minor’s parent or guardian;
(2) In case of reasonable necessity but only if such minor’s parent or guardian communicated in advance to the County Sheriff’s Department or other law enforcement agency the facts establishing such reasonable necessity;
(3) In the motor vehicle involved in interstate travel;
(4) Engaged in an actual employment activity, or going to or returning home from an actual employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s actual residence or abutting the residence of a next door neighbor if the neighbor did not complain to the Sheriff’s Department or other law enforcement agency about the minor’s presence;
(7) Attending an official school, religious or other recreational activity supervised by adults and recognized or sponsored by the county, McCracken County School System, Paducah Independent School System, licensed private or parochial school, a civic organization, a church, synagogue or other not-for-profit public service organization 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 recognized or sponsored by the county, McCracken County School System, Paducah Independent School System, licensed private or parochial school, a civic organization, a church, synagogue or other not-for-profit organization that takes responsibility for the minor;
(8) 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, provided that written notice signed by the minor and countersigned by a parent is in the possession of such minor specifying when, where, and in what manner said minor will be exercising such 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
(9) A married person.
(B) It is a defense to prosecution under § 130.01(C) that the owner, operator or employee of an establishment immediately notified the County Sheriff’s Department or other law enforcement agency that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(Ord. 97-3, passed 4-28-1997)