§ 634.03 EXCEPTIONS.

   (a)   The provisions of § 634.02 shall not apply in any of the following circumstances:

      (1)   The minor is accompanied by the minor’s parent or guardian;

      (2)   The minor was on an errand at the direction of the minor’s parent or guardian, without any detour or stop;

      (3)   The minor is in a motor vehicle involved in interstate travel;

      (4)   The minor is involved in lawful employment activity, or traveling to or from such employment activity, without detour or stop;

      (5)   The minor is involved in an emergency;

      (6)   The minor is on the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor, if the neighbor dad not complain to the police about the minor’s presence;

      (7)   The minor is attending an official school, religious or other recreational activity supervised by adults and sponsored by a governmental entity, a civic organization or some other similar entity that takes responsibility for the minor, or going to or returning home from such activity, without any detour or stop;

      (8)   The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion and freedom of speech; or

      (9)   The minor has been emancipated.

   (b)   It shall be a defense to prosecution under § 634.02(c) that the owner, operator or employee of an establishment promptly notified the police that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(Ord. 094-146, passed 12-20-1994)