(A) Definitions. For the purpose of this section the following definitions shall apply unless the context indicates or clearly requires a different meaning.
“ALLOW.” Either permit or neglect to 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.
“MINOR.” Any person under the age of eighteen (18) or, as may be otherwise phrased, any person of the age of seventeen (17) or under.
“PARENT.” Any person having legal custody of a minor:
(1) As a natural or adoptive parent;
(2) As a legal guardian;
(3) As a person who stands “in loco parentis”; or
(4) As a person whom legal custody has been given by order of court.
“REMAIN.” To stay behind, to tarry, or to stay unnecessarily upon or in any public assembly, building, place, street, or highway.
1:00 a.m. to 6:00 a.m. Saturday
1:00 a.m. to 6:00 a.m. Sunday
11:00 p.m. Sunday to 6:00 a.m. Monday
11:00 p.m. Monday to 6:00 a.m. Tuesday
11:00 p.m. Tuesday to 6:00 a.m. Wednesday
11:00 p.m. Wednesday to 6:00 a.m. Thursday
11:00 p.m. Thursday to 6:00 a.m. Friday
(2) It shall be unlawful for any 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, street, or highway in the city under circumstances not constituting an exception as enumerated in subsection (C) during the time periods contained in subsection (B)(1).
(C) In the following exceptional cases, a minor in or upon any public assembly, building, place, street, or highway in the city during the nocturnal hours provided for in subsection (B)(1) shall not be considered in violation of this section under the following conditions:
(1) When the minor is accompanied by a parent or guardian;
(2) When accompanied by an adult authorized by a parent or guardian of the minor;
(3) 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 countersigned 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;
(4) In case of reasonable necessity, but only after the minor’s parent has communicated to the Police Department the facts establishing the reasonable necessity;
(5) When the minor is on the sidewalk of the place where the minor resides, or on the sidewalk or either next-door neighbor who has not communicated an objection to a police officer or the Police Department;
(6) When returning home, by a direct route from, and within one (1) hour of the termination of a school activity, or any activity of a religious or other voluntary association, provided that justification indicating the place and time of termination of the event can be given to any investigating officer of the Police Department;
(7) 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, street, or highway permitted, and the period of time involved, not to extend more than one (1) hour beyond the time for termination of the activity, and the reason for finding that the regulation is reasonably necessary. The City Manager shall notify the Police Department of the information;
(8) When engaged in a business or occupation which the laws of Kentucky authorize a person under eighteen (18) years of age to perform;
(9) When the minor is, with parental consent, in a motor vehicle with a lawfully authorized driver; or
(10) 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 (1) location to another, either within or without the city, including all minors that may also be within the vehicle.
(D) (1) A police officer, upon finding or being notified of any minor in or upon any public assembly, building, place, street, or highway whose parent is believed to be in violation of this section may stop and question the minor and request such information as his or her name and age, and the name and address of his parent, guardian, or person having legal custody.
(2) If the police officer determines, or has reasonable causes to believe that a curfew violation has occurred, the police officer may obtain from the minor the information necessary to issue a citation to the minor’s parent, guardian, or person having legal custody, and then either take the minor to his home or direct the minor to proceed immediately to his home.
(Ord. 94-23, passed 8-9-94)
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Cross reference:
Penalty for violation, see § 52.999