(a) Curfew Hours. No minor, 17 years old or under, shall loiter, idle, wander, stroll or play in, upon or about the public streets, sidewalks and parks, public buildings and grounds and public places of amusement and entertainment, between the hours of 11:00 p.m. and 6:00 a.m. of the following day, Sunday through Thursday, or between the hours of 12:30 a.m. and 6:00 a.m. on Friday and Saturday. Each violation of this division shall be a separate offense.
(b) Exceptions. The provisions of division (a) of this section do not apply when the minor is accompanied by his or her parent or parents, guardian or other adult person having the care and custody of such minor or when the minor is upon an emergency errand or legitimate business directed by his or her parent or parents, guardian or other adult person having the care and custody of the minor.
(c) Special Permission. Any school, church, lodge or other organization which desires to hold any entertainment for minors 17 years old and under, which shall require such persons to be out at a later hour than provided in this section, shall make application to the City Manager for permission to have such persons stay out to a later hour. The application shall state the time the entertainment will end, and those minors 17 years old and under who attend such entertainment shall be required to be off the streets and public places one hour after the entertainment has ended.
(d) Responsibility of Parents. No parent, guardian or other adult person having the care and custody of a minor 17 years old and under shall knowingly permit such minor to violate division (a) of this section. Each violation of this division shall be a separate offense.
(e) Prima Facie Liability of Parents. In any hearing for a violation of this section by a parent, guardian or other adult person, testimony that a minor was found in a place and at a time in violation of this section without lawful permission or authorization shall be prima facie evidence that such parent, guardian or other adult person knowingly permitted such violation.
(f) Penalty for Violations by Adults. Any parent, guardian or other adult person having the care and custody of a minor 17 years old and under, who violates any provision of this section, is guilty of a misdemeanor of the fourth degree.
(g) Penalty for Violations by Minors. Any minor who violates any provision of this section shall be dealt with in accordance with the Juvenile Court law and procedure.
(h) Disposition of Minor. Any police officer who finds a minor in violation of any provision of this section shall obtain from the minor his or her name, address and age and the names of his or her parent or parents, guardian or person having the custody and care control of such minor and shall advise the minor that he or she is in violation of the curfew. The officer shall escort the minor to the Police Division or to his or her home or usual place of abode, as the situation warrants. Upon contacting the parent or parents, guardian or person having the custody and care of such minor, a written notice shall then be issued to such parent or parents, guardian or person having the custody and care of such minor advising them of the minor's violation of this section and advising them that a violation of this section may result in full enforcement of this section, including enforcement of parental responsibility and applicable penalties under the terms of this section.
(i) Detention of Minor; Transfer to Juvenile Authorities. If the police officer is unable to contact the parent or parents, guardian, person having the custody and care of such minor, or another responsible adult, he or she shall detain such minor until such person may be located to take charge of the minor, or the minor may be transferred to the juvenile authorities.
(Ord. 4928. Passed 10-3-95.)