A. Definitions: Whenever used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
CURFEW HOURS: 1. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. on Saturday;
2. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. on Sunday; and
3. Between eleven o'clock (11:00) P.M. on Sunday to Thursday, inclusive, and six o'clock (6:00) A.M. on the following day.
EMERGENCY: 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: 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: 1. A person who, under court order, is the guardian of the person of a minor; or
2. A public or private agency with whom a minor has been placed by a court.
MINOR: Any person under seventeen (17) years of age.
PARENT: A person who is:
1. A natural parent, adoptive parent, or stepparent of another person; or
2. At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE: 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: To:
1. Linger or stay; or
2. 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: 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 a curfew offense when 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 a curfew offense when 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 subsection B of this section that the minor was:
1. Accompanied by the minor's parent or guardian or other person in custody or control of the minor;
2. On an errand at the direction of the minor's parent or guardian, without any detour or stop;
3. In a motor vehicle involved in interstate travel;
4. Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;
5. Involved in an emergency;
6. 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;
7. 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;
8. 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
9. Married or had been married or is an emancipated minor under the emancipation of minor's 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 subsection C of this section is present. (2016 Code)
E. Penalties: Any person convicted of a violation of this section shall, upon conviction, be fined as provided in section 1-4-1 of this code for each violation; except, that neither a person who has been made a ward of the court under the juvenile court act of 1987, nor that person's legal guardian, shall be subject to any fine. In addition to or instead of the fine imposed by this subsection, the court may order a parent, legal guardian, or other person convicted of a violation of subsection B of this section to perform community service as determined by the court; except, that the legal guardian of a person who has been made a ward of the court under the juvenile court act of 1987 may not be ordered to perform community service. The dates and times established for the performance of community service by the parent, legal guardian, or other person convicted of a violation of subsection B of this section shall not conflict with the dates and times that the person is employed in his or her regular occupation. (Ord. 1112, 1-21-1997; amd. 2016 Code)