1. No person under the age of 16 years of age shall be on or remain in or upon any of the public streets, alleys, or public places in the City at night between the hours of 11:00 p.m. and 5:00 a.m. the following morning, unless such person is accompanied by his or her parent, guardian, or some other adult having the legal custody of such person or the minor is legally emancipated from their parent or legal guardian and no longer lives with their parent or legal guardian; except in the case of a person under 16 years of age whose employment makes it necessary for them to be upon such public streets, alleys or public places before or after the specified hours while going directly to work or returning home directly from work, provided that this exception shall not apply when the person under 16 years of age shall be playing, loafing, idling, or unnecessarily loitering in or upon such public streets, alleys, or public places.
2. Further exceptions for the person under the age of 16 years of age include when the person is traveling to or returning from a religious, political, or agricultural assembly, medical necessity, an emergency situation, or an extra-curricular and approved school activity; provided that the person under 16 years of age is traveling a direct route to and from home and the activity. Persons under the age of 16 traveling interstate or intrastate in a motor vehicle with permission of their parent or legal guardian shall also be exempt prosecution under this section.
3. Before taking any enforcement action pursuant to this section, a police officer shall ask the apparent offender’s age and reason for being in a public place. The officer shall not issue a citation or make an arrest pursuant to this section unless the police officer reasonably believes that an offense has occurred and that based upon the circumstances, the offender does not meet one of the exceptions listed under this section.
4. A person under 16 years of age who is in violation of this section may be reunited with his or her parents or legal guardian, may be taken home by the peace officer, may be directed to travel immediately home, or may be issued a municipal infraction. This shall not prevent a peace officer from making an arrest in the event the underage person has committed another separate and distinct public offense for which an arrest would be appropriate.
5. No parent, legal guardian, or other adult person having the legal care and custody of any person under the age of 16 shall willfully allow, suffer, insufficiently control or permit any such person under 16 years of age while in such legal care and custody to violate the provisions of this section. Adult offenders who violate this section are subject to a civil penalty as a municipal infraction.
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