(a) Definitions. For the purposes of this section, the following terms, phrases, words and their derivations have the meaning given herein.
(1) “Minor” means any person under the age of eighteen years.
(2) “Parent” means any person having legal custody of a minor:
A. As a natural or adoptive parent;
B. As a legal guardian;
C. As a person who stands in loco parentis; or
D. As a person to whom legal custody has been given by order of court.
(3) “Public place” means any street, highway, alley or right of way, including sidewalks; any park, playground, ground, place or building open to the public; any privately or publicly owned place of amusement, entertainment or public accommodation, including parking lots and other areas adjacent thereto; and any vacant lot or land or, without the consent of the owner, any private property.
(4) “Time of night” referred to herein, is based upon the prevailing standard of time, generally observed at that hour by the public in the Municipality, prima-facie the time then observed in the Municipal Administrative Offices and Police Station.
(5) “Year of age” continues from one birthday, such as the seventeenth to, but not including the day of the next, such as the eighteenth birthday, making it clear that seventeen or less years of age is herein treated as equivalent to the phrase “under eighteen years of age.” Similarly, for example, eleven or less years of age means under twelve years of age.
(b) Curfew Hours.
(1) No person seventeen or less years of age shall be in or upon any public place during the period ending at 5:00 a.m. and beginning:
A. At 9:00 p.m. for minors twelve or less years of age;
B. At 10:00 p.m. for minors thirteen through fifteen years of age; and
C. At 11:00 p.m. for minors sixteen or more years of age.
Such provisions of law shall be in effect daily except Friday and Saturday when such curfew hours shall begin:
A. At 10:00 p.m. for minors twelve or less years of age;
B. At 11:00 p.m. for minors thirteen through fifteen years of age; and
C. At 12:00 midnight for minors sixteen or more years of age.
(2) Any violation of the provisions of this chapter shall be, on the first offense, a minor misdemeanor, and on each subsequent offense, a misdemeanor of the fourth degree and shall be cited to the County Juvenile Court.
(c) Exceptions. In the following exceptional cases, a minor in or upon a public place during the nocturnal hours for which division (b) is intended to provide the maximum limits or regulations shall not be considered in violation of this section:
(1) When accompanied by a parent of such minor.
(2) When accompanied by an adult authorized by a parent of such minor to take the parent’s place in accompanying the minor for a designated period of time and purpose within a specified area.
(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. Such minor shall evidence the bona fides of such exercise by first delivering to the Police Department written communication signed by such minor and countersigned if practicable by a parent of such minor with their home address and telephone number, addressed to the Police Chief specifying when, where and in what matter the minor will be in a public place at night during the hours when this section is otherwise applicable to the minor, in the exercise of a First Amendment right specified in such communication.
(4) In case of reasonable necessity, but only after such minor’s parent has communicated to the Police Department personnel the facts establishing such reasonable necessity and designating the minor’s proposed location, route, purpose and the period of time the minor will be in or upon a public place.
(5) When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next-door neighbor not communicating an objection to the police officer.
(6) When returning home by a direct route from, and within thirty minutes of, the termination of a school activity, or an activity of a religious or other voluntary association, of which prior notice, indicating the place and probable time of termination, has been given in writing to, and duly filed for immediate reference by, the Chief of Police or the officer assigned by him on duty at the Police Station.
(7) When authorized by special permit from the Mayor, carried on the person of the minor, when necessary nighttime activities of a minor may be inadequately provided for by other provisions of this chapter. A written application shall be given to the Mayor, signed by a minor and by a parent of such minor, if feasible, stating:
A. The name, age and address of such minor;
B. The name, address and telephone number of a parent thereof;
C. The height, weight, sex, color of eyes and hair and other physical characteristics of such minor;
D. The necessity which requires such minor be in or upon a public place during the curfew hours otherwise applicable; and
E. The street or route and the beginning and ending of the period of time involved by date and hour;
The Mayor may grant a permit in writing for the use by the minor of those public places at such hours as in the Mayor’s opinion may reasonably be necessary. In an emergency, this may be handled by telephone, or other effective communication, with a corresponding record being made contemporaneously, either to the Mayor, or if unavailable, to the Police Chief.
(8) When authorized, by regulation issued by the Mayor, in other similar cases of reasonable necessity, similarly handled but adapted to necessary nighttime activities of more minors than can readily be dealt with on an individual special permit basis. Normally such regulation by the Mayor permitting use of public places should be issued sufficiently in advance to permit appropriate publicity through news media and through other agencies such as the schools, and shall define the activity, the scope of the use of public places permitted, and the period of time involved not to extend more than thirty minutes beyond the time for termination of such activity.
(9) When the minor carries a certified card of employment, briefly identifying the minor, the addresses of his or her home and place of employment and his or her hours of employment.
(d) Parental Responsibility.
(1) No parent having legal custody of a minor shall knowingly permit or by inefficient control allow such minor to be in or upon any public place under circumstances not constituting an exception to, or otherwise beyond the scope of this chapter. “Knowingly” includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent’s legal custody. It is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It shall, a fortiori, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor.
(2) It shall be an affirmative defense to this section that such parent has within thirty days preceding the alleged violation filed or caused to be filed a complaint against such minor under R.C. § 2151.27.
(3) A parent who violates this section is guilty of a minor misdemeanor for the first offense and a misdemeanor of the fourth degree for each subsequent offense.
(Ord. 11-89. Passed 8-21-89; Ord. 23-05. Passed 1-9-06.)