(A) Generally. It shall be unlawful for any minor under the age of 17 years to ride in or operate any vehicle in or upon any street, alley or other public place, or to loiter, wander, stroll, loaf or play in or upon any of the streets, alleys or other public places, between the hours of 11:00 p.m. of any day and 5:00 a.m. of the following day, unless accompanied by a parent, guardian or other adult person having the care, custody or control of the minor, unless the minor is engaged in lawful employment or is on an emergency errand; provided that, when an activity of the kind normally attended by minors under 17 years of age terminates after or less than 1 hour prior to 11:00 p.m., the curfew shall commence 1 hour after the termination of the activity. Whenever it is known in advance that the minor must be out beyond the curfew hour for 1 of the exceptions listed in this division, the parent and the employer or school, whichever is applicable, shall provide the minor with written permission for the minor to be out beyond the curfew hour.
(B) Responsibility of parent or guardian. It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of 17 years to allow or permit the minor person to do any of the things or acts prohibited by this section.
(C) Proceedings against minor or parent or guardian. No minor person arrested under the provisions of this section shall be incarcerated until he or she has been taken home, or the parent, guardian or legal custodian notified, and the arresting officer has ascertained whether or not the minor person is within the control of his or her parent, guardian or legal custodian. If the parent, guardian or legal custodian states that the minor cannot be controlled by him or her, then the minor may be proceeded against. Otherwise, the parent, guardian or custodian may also be proceeded against.
(D) This section does not apply to a minor who is:
(1) In a motor vehicle involved in interstate travel;
(2) Involved in an emergency;
(3) 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;
(4) 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
(5) Married or had disabilities of minority removed in accordance with state law.
(E) Penalty. Any person who violates this section shall be guilty of a misdemeanor and shall be punished as provided in § 130.999(A)(1).
(Prior Code, § 36-3) Penalty, see § 130.999