509.08 CURFEW.

   (a)   Definitions. For the purpose of this section, the following terms, phrases, words or their derivations have the meanings given herein:

      (1)   "Minor" means any person less than eighteen years of age.

      (2)   "Parent" means any person having legal custody of a minor:

         A.   As a natural or adoptive parent, or

         B.   As a legal guardian, or

         C.   As a person to whom legal custody has been given by court order.

      (3)   "Public place" means any street, highway, alley or right of way, to include sidewalks; any park, playground, ground, place or building open to the public; any privately- or publicly-owned place of amusement, entertainment or public accommodation, to include parking lots and other areas adjacent thereto; and any vacant lot or land or, without the consent of the owner, any private property.

      (4)   "Time of night" referred to herein, is based upon the prevailing standard of time, generally observed at that hour by the public in the Municipality, prima facie the time then observed in the Municipal Administrative Offices and Police Station.

      (5)   "Year of age" continues from one birthday, such as the seventeenth to, but not including the date of the next, such as the eighteenth birthday, making it clear that seventeen or less years of age is herein treated as equivalent to the phrase "under eighteen years of age". Similarly, for example, eleven or less years of age means under twelve years of age.
(Ord. 85-95. Passed 6-26-95.)

   (b)   Curfew Hours.

      (1)   No minor shall be in or upon any public place Sunday through Thursday during the following times of night:

         A.   Between 10:00 p.m. and 6:00 a.m. for minors fifteen or less years of age.

         B.   Between 11:00 p.m. and 6:00 a.m. for minors sixteen or more years of age.

      (2)   No minor shall be in or upon any public place on Friday or Saturday during the following times of night:

         A.   Between 11:00 p.m. and 6:00 a.m. for minors fifteen or less years of age.

         B.   Between 12:00 a.m. and 6:00 a.m. for minors sixteen or more years of age.

      (3)   A minor shall not be in violation of this section if:

         A.   He is accompanied by his parent, guardian, or an adult person having the legal care, custody, and control of his person.

         B.   He is accompanied by an adult person having the permission of one of the persons mentioned in subsection A. of this section; or

         C.   He is going directly to or from any lawful activity, entertainment, or employment with knowledge and consent of the parent, guardian, or adult person having the legal care, custody and control of his person. All minors attending functions outlined herein shall be required to be within the confines of their respective home sites one-half hour after such function is ended.
(Ord. 1-17. Passed 1-9-17.)

   (c)   Penalty for Minor. Any minor violating the provisions of this section shall be guilty of curfew violation, a minor misdemeanor for the first offense. If the offender has been previously convicted of curfew violation, all subsequent violations of this section are a misdemeanor of the fourth degree.

(Ord. 85-95. Passed 6-26-95.)

   (d)   Adult Responsibility.

      (1)   A.   No parent having legal custody of a minor shall recklessly allow such minor to be in or upon any public place in violation of this chapter.

            (Ord. 65-98. Passed 4-13-98.)

         B.   If shall be an affirmative defense to this section that such parent has within thirty days preceding the alleged violation, filed or caused to be filed, a complaint against such minor under Ohio R.C. 2151.27.

      (2)   No responsible adult person eighteen years of age or older shall be in the company of any minor under the age of eighteen in or upon any public place during the hours specified in subsection (b) hereof, unless such adult has permission from such minor's parent to be in the company of said minor during such hours.

      (3)   The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain within the premises of the establishment during curfew hours.

   (e)   Penalty for Adult. An adult who violates this section is guilty of a minor misdemeanor for the first offense and a misdemeanor of the fourth degree for each subsequent offense. These charges may be filed in either Medina Municipal Court or Medina County Juvenile Court, at the City's discretion.

   (f)   Exceptions.

      (1)   In the following exceptional cases, a minor in or upon a public place during the nocturnal hours for which this section is intended to provide the maximum limits of regulation shall not be considered in violation of this chapter:

         A.   When accompanied by a parent of such minor.

         B.   When accompanied by an adult authorized by a parent of such minor to take the parent's place in accompanying the 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 and freedom of speech.

         D.   In case of reasonable necessity after such minor's parent has communicated to the Police Department personnel the facts establishing such reasonable necessity and designating the minor's proposed location, route, purpose and the period of time the minor will be in or upon a public place.

         E.   When returning home by a direct route from, and within thirty minutes of, the termination of verifiable employment or participation in an official school or religious activity.

            (Ord. 85-95. Passed 6-26-95.)