(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MINOR. Any person under the age of 18.
PARENT. Any person having legal custody of a minor as a natural or adoptive parent; legal guardian; person who stands in loco parentis; or person to whom legal custody has been given by order of a court of competent jurisdiction.
PUBLIC PLACE. Any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort to for business, entertainment, or other lawful purpose. A PUBLIC PLACE shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, café, theater, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate vicinity of the above and specifically parking lots associated with the above.
REMAIN. To stay behind, to tarry and to stay unnecessarily upon or at a public place, including congregating in groups of four or more persons when not using the public place for ordinary purposes.
STREET.
(a) A way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk for pedestrian travel.
(b) The term STREET includes the legal right-of-way, including, but not limited to, the cartway or traffic lanes, the curb, the sidewalks whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street.
TIME OF NIGHT. The prevailing standard of time, whether Central Standard Time or Central Daylight Savings Time, generally observed at that hour by the public.
YEAR OF AGE. Continues from one birthday, such as the seventeenth, to (but not including the day of) the next birthday, such as the eighteenth birthday, making it clear that 17 or less years of age is herein treated as equivalent to the phrase “under 18 years of age”.
(B) Unlawful activity. It shall be unlawful for any person 17 or less years of age (under 18 years of age) to be or remain in or upon the streets or public places within the corporate limits of the city at night from 1:00 a.m. to 5:00 a.m., Saturday morning and Sunday morning, and 11:00 p.m. to 5:00 a.m., Sunday through Thursday, except during those times when the city’s public schools are not in session, which includes, but is not limited to, spring break, fall break, summer break and Christmas break during which time periods the curfew shall be 1:00 a.m. to 5:00 a.m.
(C) Exceptions. The following are exceptions to, and do not constitute a violation of, the this section, to-wit:
(1) When a minor is accompanied by a parent or guardian;
(2) When a minor is accompanied by an adult authorized by a parent or guardian of the minor to take the parent’s place in accompanying the minor for a designated period of time within a specified area. The authorized adult shall possess either a written communication signed by the parent/legal guardian of such minor which includes the home address and telephone number or in the alternative, the authorized adult may furnish the police officer a cell phone with the parent on the phone for telephonic confirmation. The police officer may elect to contact dispatch and have the dispatcher confirm the date, time and purpose of the minor being in a public place at other than allowed hours;
(3) When 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, a minor shall have in his or her possession a written communication, signed by a parent or legal guardian of the minor with the parent or legal guardian’s home address and telephone number, specifying times and dates when and where and in what manner the minor will be on the streets and other public places at night during hours when the curfew regulations are otherwise applicable to the minor. In the alternative, the minor may provide an officer with a cell phone with the parent or guardian on the phone for telephonic confirmation. The police officer may elect to contact dispatch and have the dispatcher confirm the date, time and purpose of the minor being in a public place at other than allowed hours;
(4) When a minor is on an errand, specific business or activity of an emergency nature directed or permitted by his or her parent or legal guardians with written or telephonic communication;
(5) If a minor has in the minor’s possession a written communication signed by the parent or legal guardian evidencing his or her home address and telephone number, and establishing the reason for the minor to be out and providing a direct route for a designated time for a proscribed purpose including points of origin and destination. Each communication will also note the date and time limit for the minor to be out;
(6) When a minor is either on the sidewalk or in the yard of the place where such minor resides, or is on the sidewalk of a next-door neighbor who has not objected to his or her presence there;
(7) When returning home, by a direct route, from and/or within 45 minutes of the termination of a school or religious or recognized voluntary association activity; provided the minor has a written communication in the minor’s possession, signed by the parent or legal guardian, indicating the home address and telephone number, the purpose for the event, when, where and in what manner the minor will be on the streets at night, or in the alternative the minor can provide the officer with telephonic communication to the parent, guardian, school official, religious official or official of a voluntary
association confirming the minor’s attendance and participation;
(8) The City Council may authorize by resolution or policy a relaxation of the curfew in other matters of reasonable necessity that is determined to be consistent with the public interest and the purposes of this curfew section. The resolution or policy shall define the activity, the scope of the use of the streets or public places permitted, and the period of time involved;
(9) When a minor is within the scope of his or her employment and carries a card or some other form indicating employment which briefly identifies the minor, as well as the address and telephone numbers of his or her home and place of employment and the hours of employment; or
(10) Whenever a minor is engaged in interstate or intrastate vehicular travel with the consent of a parent or legal guardian. This contemplates normal travel and clearly exempts bona fide interstate movement through the city, particularly on normal routes.
(D) Miscellaneous.
(1) It shall be unlawful for a parent, or other person, having legal custody of a minor to knowingly permit or through lack of control allow a minor to be or remain upon any city street or public place under circumstances that do not constitute one of the exceptions specified in division (C) above. The term KNOWINGLY includes actual knowledge as well as knowledge a parent or legal guardian should be expected to have concerning the whereabouts of a minor in that parent’s or person’s legal custody. It shall be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor.
(2) A police officer of the city, upon finding or having his or her attention called to any minor on the streets or other public place in prima facie violation of this curfew section, may take the minor to the city’s police station or other place designated by the Chief of Police, where a parent or legal guardian shall immediately be notified to come for such minor, whereupon the parents, guardians and child may be questioned about the facts constituting a violation of this section.
(3) In the absence of convincing evidence otherwise, such as a birth certificate or driver’s license, a police officer on the street shall use his or her best judgment in determining age.
(4) For a first violation of this section by a minor, the city’s Municipal Court shall cause written notice of the violation to be either personally delivered or sent by certified mail to the parent or legal guardian. The notice shall inform the parent or legal guardian that a subsequent violation may result in full enforcement of this curfew section, including enforcement of parental responsibility. The notice shall further inform the parent or legal guardian of the potential penalties.
(5) If, after the initial notice specified in division (D)(4) above, a subsequent offense occurs by a minor, the parent or legal guardian may be treated as in violation of this section as well.
(2002 Code, § 131.12) (Ord. 594, passed 5-14-2007) Penalty, see § 131.99