(a) No minor of the age of seventeen years or under shall be found in or upon any of the streets or public grounds or public places to include but not limited to: parking lots, shops, stores, schools, businesses within the Village between 10:00 p.m. and 7:00 a.m. Sunday through Thursday hereinafter referred to a weekday curfew hours, unless such minor is accompanied by his or per parent or guardian or a person who is over the age of twenty-one who stands in loco parentis.
(b) No minor being sixteen or seventeen years of age shall be found in or upon any of the streets, or public grounds or public places to include but not limited to: parking lots, stores, shops, school or businesses within the Village between the hours of 11:00 p.m. and 6:30 a.m. Fridays and Saturdays, hereinafter referred to as weekend curfew hours unless such minor is accompanied by his or her parent or guardian or a person who is over the age of twenty-one who stands in loco parentis.
(c) Weekend curfew hours for minors ages fifteen and under shall remain the same as weekly hours. No minor age fifteen years or under shall be found in or upon any of the Village streets or public businesses within the Village between the hours of 10:00 p.m. and 7:00 a.m. Fridays and Saturdays, hereinafter referred to as weekend curfew hours for minors fifteen years of age or under unless such minor is accompanied by his or her parent or guardian or a person who is over the age of twenty-one who stands in loco parentis.
(d) No parent, guardian or person standing in loco parentis of a minor shall knowingly allow a minor of the age specified in subsections (a), (b) and (c) hereof to remain in or upon the streets, public grounds or public places including but not limited to parking lots, stores, shops, school or businesses within the Village during curfew hours, as defined in subsections (a), (b) and (c) hereof without being present with the minor.
(e) No owner, operator or employee of an establishment shall knowingly permit a minor of the age specified in subsections (a), (b), (c) hereof to remain upon the premises of the establishment during curfew hours as defined in subsections (a), (b) and (c) hereof.
(f) It shall be a defense to prosecution under this section that the specified minor was
(1) Accompanied by parent, guardian or person acting in loco parentis who is the age of twenty-one or older;
(2) On an errand at the direction of the minor’s parent, guardian or person in loco parentis and has a written and signed note stating the errand minor is on and the minor’s name, as long as the minor has not stopped or detoured while performing the errand;
(3) In a motor vehicle involved in Interstate travel;
(4) Engaged in employment activity or going to or from employment activities, without any detours or stops;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s hone while creating no disturbance;
(7) Attending an official school, religious or recreational activity or other official public activity supervised by adults and sponsored by the Village, a civic organization or other similar entity that takes responsibility for the minor;
(8) Going to or returning from an official school, religious or recreational activity supervised by adults and sponsored by the Village, a civic organization or other similar entity that takes responsibility for the minor, so long as the minor does not stop or detour from that travels;
(9) Exercising First Amendment or other rights protected by the Constitution of the United States of America such as the free exercise of religion, freedom of speech or the right to peacefully assemble;
(10) It shall be a defense to prosecution under subjection (d) hereof that the owner, operator or employee of an establishment had promptly contacted the police and notified them that a minor was present on the premises during curfew hours.
(g) Whoever violates a provision of this section is guilty of a minor misdemeanor for a first offense. Whoever violates a provision of this section, and who has been previously convicted on a violation of a provision of this section is guilty of a fourth degree misdemeanor.
(Ord. 38-96. Passed 12-17-96.)