Section
139.01 Definitions
139.02 Curfew
139.03 Defense
139.04 Disposition of minors
139.05 Parental responsibility
139.06 Aiding and abetting
139.07 Adult accompaniment
139.08 Minors suspended or expelled from school or otherwise truant from school to remain under supervision; parental duty imposed
139.99 Penalty
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
PARENT or LEGAL GUARDIAN. Any person having legal custody or standing in loco parentis of minor.
PUBLIC PLACE. Any public or quasi-public property used by the public to include public streets, sidewalks, all public ways and shopping centers, parking lots, parks, playgrounds, public buildings, the common areas of public housing developments, and similar areas that are open to the use on the public.
(Ord. 247(A), passed 9-1-2009)
Except as provided in § 139.03, minor’s curfew is as follows.
(A) No minor under the age of 16 years shall loiter, idle, wander, stroll, or play in or upon the public streets, other public places, places of amusement and entertainment, vacant lots, or unsupervised places between the hours of 10:00 p.m. and 6:00 a.m. the following day.
(B) No minor under 18 years shall loiter, idle, wander, stroll, or play in or upon the public streets, other public places, places of amusement and entertainment, vacant lots, or other unsupervised places between the hours of 11:00 p.m. and 6:00 a.m. the following day.
(Ord. 247(A), passed 9-1-2009)
It is an exemption to a violation under this chapter that the person engaged in the prohibited conduct while:
(A) Accompanied by the minor’s parent or guardian;
(B) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(C) In a motor vehicle involved in interstate travel;
(D) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(E) Involved in an emergency;
(F) 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;
(G) 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;
(H) 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
(I) Married or had been married or had disabilities of minority removed in accordance with state law.
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