(A) Definitions. In this section:
CURFEW HOURS means:
(a) Between 12:01 a.m. and 6:00 a.m. Saturday;
(b) Between 12:01 a.m. and 6:00 a.m. on Sunday; and
(c) Between 10:30 p.m. and 6:00 a.m. on the following day, Sunday to Thursday, inclusive.
EMERGENCY means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT means any privately-owned place of business operated for a profit to which the public is invited including but not limited to any place of amusement or entertainment.
GUARDIAN means:
(a) A person who, under court order, is the guardian of the person of a minor; or
(b) A public or private agency with whom a minor has been placed by a court.
MINOR means any person under 18 years of age.
PARENT means a person who is:
(a) A natural parent, adoptive parent, or step-parent of another person; or
(b) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
REMAIN means to:
(a) Linger or stay; or
(b) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
SERIOUS BODILY INJURY means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(B) Offenses.
(1) A minor commits an offense if he or she remains in any public place or on the premises of any establishment during curfew hours.
(2) A parent or guardian of a minor or other person in custody or control of a minor commits an offense if he or she knowingly permits the minor to remain in any public place or on the premises of any establishment during curfew hours.
(C) Defenses. It is a defense to prosecution under division (B) that the minor was:
(a) Accompanied by the minor's parent or guardian or other person in custody or control of the minor;
(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 a government or governmental agency, 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 a government or governmental agency, 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 is an emancipated minor under the Emancipation of Minors Act.
(D) Enforcement. Before taking any enforcement action under this section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in division (C) is present.
(E) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(Ord. 2010-06-0296O, passed 6-8-2010)