(a) Definitions. For the purpose of this section:
(1) “Custodian” mean a parent, guardian or other adult person having legal responsibility for the care and custody of a minor.
(Ord. 1996-3. Passed 11-4-96.)
(2) “Minor” means any natural person seventeen years of age and under.
(Ord. 2001-1. Passed 1-8-01.)
(3) “Permit” means to knowingly fail to prevent, due to lack of reasonable efforts, to supervise and control.
(4) “Remain” means to unnecessarily tarry, stay, loiter or idle, wander or aimlessly roam. (Ord. 1996-3. Passed 11-4-96.)
(b) Nocturnal Curfew for Minors. Unless accompanied by his or her custodian, or by an adult under authority of a custodian, no custodian shall permit a minor and no minor shall, whether on foot or in a vehicle, wander about without destination or remain in or upon any public street, road, avenue, alley, any other public place, or any private property of another without such property owner’s consent, within the City between 11:00 p.m. and 6:00 a.m. of the following day, except as provided herein below.
No custodian shall permit a minor and no minor shall whether on foot or in a vehicle, wander about without destination or remain in the City park between 7:00 p.m. and 6:00 a.m. of the following day during the months of October 1st through April 30th and between 9:00 p.m. and 6:00 a.m. of the following day during the months of May 1st through September 30th.
(Ord. 1998-10. Passed 12-7-98.)
(c) Defenses. It shall be a sufficient defense to any charge of a violation of subsection (b) hereof:
(1) For the custodian to show that such minor previously had been incorrigible, ungovernable, or habitually disobedient and beyond the control of his or her custodian, or that such minor without just cause and without consent of his or her custodian has repeatedly left home; or
(2) For the custodian or minor to show that such minor was proceeding to any place, or home from any place, where lawfully employed, any meeting, activity or gathering held under the auspices of any church, school or other public function, any political meeting, sporting event, or emergency mission, or upon the basis of some other legitimate excuse or purpose.
(d) Apprehension. Any minor found in violation hereof shall be taken into custody and detained until delivered to the custody of his or her custodian or to an adult authorized by the custodian to receive custody. (Ord. 1996-3. Passed 11-4-96.)
(e) Upon conviction of a violation of subsection (b) hereof, a custodian or minor shall for a first offense be fined not less than fifteen dollars ($15.00) nor more than twenty-five dollars (25.00); for a second offense, not less than twenty-five dollars ($25.00) nor more than thirty-five dollars ($35.00); and for any further offenses, not less than thirty-five ($35.00) dollars nor more than two hundred dollars ($200.00).
(Ord. 2007-12. Passed 8-20-07.)