(A) Policy and purpose. The village, in order to control the activities of persons under the age of 16 years, does create this section, recognizing that parents and guardians of such young people have the responsibility of controlling and regulating their children or wards activities.
(B) Curfew hours. It shall be unlawful for any person under the age of 16 years to be upon the streets of the village after the hours of 10:00 p.m. on any day of the week, except that this section does not apply to a minor who is:
(1) Accompanied by a parent, guardian, or custodian;
(2) Accompanied by an adult specified by a parent, guardian, or custodian;
(3) Carrying out an errand or other lawful activity as directed by a parent, guardian, or custodian;
(4) Occupying the sidewalk of the place where the minor resides, or the sidewalk of a place where the minor has permission from his or her parent or guardian to be, or the sidewalk of a next- door neighbor not communicating an objection to a police officer; or
(5) Participating in, going to, or returning from:
(a) Lawful employment;
(b) A lawful athletic, educational, entertainment, religious, or social event; or
(c) Interstate travel.
(C) Exemptions.
(1) It is a exemption to division (B) that the minor was:
(a) Accompanied by the minor’s parent or guardian;
(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 the village, 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 the village, 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 had disabilities of minority removed in accordance with state law.
(2) It is a defense to prosecution under division (B)(3) that the owner, operator, or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(D) Enforcement. Before taking any enforcement action under this section, a police 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, including any investigation that a reasonable person would deem necessary, none of the exemptions enumerated in this section apply.
(1999 Code, § 130.08) (Ord. 77, passed 9-18-1963) Penalty, see § 130.99