(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLOW. Either permit or neglect to refrain or prevent. It requires actual or constructive knowledge on the part of the parent or guardian; that is, the parent or guardian must actually know about the child violating this section, or the circumstances must be such that a reasonably prudent parent or guardian should have known the child was violating this section.
CIVIL ACTIVITIES. Any function or event sponsored by an established civil or social organization or school.
MINOR. Any person under the age of 18 or, as may be otherwise phrased, any person of the age of 17 or under.
PARENT. 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; and
(d) Or as a person to whom legal custody has been given by order of court.
RELIGIOUS ACTIVITIES. Any activity, function, service or event sponsored by an established church.
REMAIN. To stay behind, to tarry or to stay unnecessarily upon or in any public assembly, building, place, street or highway.
(1995 Code, § 9.16.010)
(B) (1) Daytime curfew for minors during school hours.
(a) It shall be unlawful for any child between 6 and 18 years of age to be or remain in or upon any public assembly, building, place, commercial establishment, place of amusement and/or entertainment, street or highway within the City during the hours when the child is required to be in attendance at either public or private school, unless the child is accompanied by a parent, guardian or other adult person having written documentation of having care and custody of the child or is upon an emergency errand or other legitimate business directed by a parent, guardian or other adult person having the care and custody of the child.
(b) Any police officer may take any child found violating this section into custody and may charge the child with a violation hereof, or, in the alternative, may immediately take the child to his or her school and request that the school notify its attendance officer of the violation, or the officer may release the child to his or her parent, guardian, custodian or school attendance officer.
(2) Nighttime curfew for minors. It is unlawful for any person under the age of 18 to be or remain in or upon any public assembly, building, place, commercial establishment, place of amusement and/or entertainment, street or highway within the City at night during the period beginning at 11:00 p.m. and ending at 6:00 a.m., Sunday through Thursday, and beginning at 12:00 midnight and ending at 6:00 a.m., Friday and Saturday.
(3) Exceptions. In the following exceptional cases a minor in or upon any public assembly, building, place, commercial establishment, place of amusement and/or entertainment, street, or highway in the City during the nighttime hours provided for in division (B)(2) of this section shall not be considered in violation of this section:
(a) When the minor is accompanied by a parent or guardian;
(b) When accompanied by an adult authorized by a parent or guardian of the minor;
(c) 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; provided that written notice signed by the minor and counter-signed by a parent is in the possession of the minor specifying when, where, and in what manner the minor will be exercising the First Amendment rights;
(d) In case of reasonable necessity, but only after the minor’s parent has communicated to the Police Department the facts establishing the reasonable necessity;
(e) When the minor is on the sidewalk of the place where the minor resides or on the sidewalk of either next-door neighbor who has not communicated an objection to a police officer or the Police Department;
(f) When returning home, by a direct route from, and within 1 hour of the termination of a religious or civil activity or any activity; provided that, justification indicating the place and time of termination of the event can be given to any investigating officer of the Police Department;
(g) When authorized by regulation issued by the City Manager, in cases of reasonable necessity involving more minors than may reasonably be dealt with on an individual basis; (The regulation should be issued sufficiently in advance to permit publicity through news media and through other agencies, such as the schools. The regulation shall define the activity, the scope of the use of the public assembly, building, place, commercial establishment, place of amusement and/or entertainment, street or highway permitted, and the period of time involved not to extend more than 1 hour beyond the time for termination of the activity, and the reason for finding that the regulation is reasonably necessary. The Mayor shall notify the Police Department of the information.)
(h) When engaged in a business or occupation which the laws of Kentucky authorize a person under 18 years of age to perform or returning home by direct route from the work;
(i) When the minor is, with parental consent, in a motor vehicle with a lawfully authorized driver; and/or
(j) When the minor, who is a duly authorized and licensed driver, is operating a motor vehicle within the City for the purpose of passing through, by direct route, from one location to another either within or out of the City, including all minors that may also be within the vehicle.
(4) Responsibilities of parent or guardian. It is unlawful for a parent or guardian having legal custody of a minor to allow such minor to be or remain in or upon a public assembly, building, place, commercial establishment, place of amusement and/or entertainment, street or highway in the City under circumstances not constituting an exception as enumerated in division (B)(3) above. It shall be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of the minor.
(5) Responsibilities of law enforcement.
(a) A police officer upon finding or being notified of any minor in or upon any public assembly, building, place, commercial establishment, place of amusement and/or entertainment, street or highway believed to be in violation of this division (B) shall confront the minor and request such information as name, age, address and the name of a parent or legal guardian. In addition, the police officer shall request proof of the age of the minor. If it is determined that the minor is of the age subject to the curfew (under 18 years of age), the police officer shall forthwith take the minor to the police station and the parent or guardian shall immediate ly be notified to come for the minor. They shall be questioned to discover the relevant facts and circumstances and the information shall be duly recorded for future reference in the event of subsequent violations of this section.
(b) Police procedures may provide, inter alia, that a police officer may deliver a minor to a parent or guardian under appropriate circumstances; for example, a minor of tender age near home whose identity and address may be readily ascertained or are known. In the event of the delivery, the police officer shall file a written report within 24 hours which shall be duly recorded. The Chief of Police, or his or her duly authorized representative, can issue regulations of effectuate expeditious procedure under this section.
(c) When a parent has come to take charge of the minor and the appropriate information has been recorded, the minor shall be released to the custody of the parent.
(d) If a parent or guardian cannot be located or fails to take charge of the minor, the minor may temporarily be entrusted to a relative, neighbor or other person who will assume the responsibility for the minor on behalf of the parent or guardian pending the availability of the parent or guardian. In the absence of any such person to assume the responsibility for the minor, the minor shall be released to the juvenile authorities.
(1995 Code, § 9.16.020)
(Ord. O-96-37, passed 12-16-1996; Am. Ord. O-2001-4, passed 3-12-2001)
Penalty, see § 130.99