(A) From and after the effective date of this section, it shall be unlawful for any person under the age of 18 years to be or remain out of doors on any public way, street, thoroughfare, road, avenue or highway or any public sidewalk between the hours of 10:00 p.m. and 4:30 a.m. prevailing time unless said person is in transit to or from work, school or home or in the company of a parent or a person in loco parentis. As used in this section, the term IN TRANSIT shall mean travel from one place to another by a direct route without stopping except for reasonable and necessary stops that may be required for safe travel.
(B) It is a defense to a violation under this chapter that the child engaged in a prohibited conduct while:
(1) Accompanied by the minor’s parent or guardian;
(2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity 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 sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
(8) 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; or
(9) Married or had been married or had disabilities of minority removed in accordance with state law.
(Ord. 969, passed 3-19-1991) Penalty, see § 130.99