(a) No child, of the ages specified in subsection (a)(1), (a)(2) or (a)(3), shall be about, enter or remain upon any street, alley, park, sidewalk or other public place, either on foot or any type of vehicle (motorized or non-motorized), during the hours designated herein, unless accompanied by the child’s parent(s), legal guardian or other adult responsible for the care and control of the child pursuant to the consent of the child’s parent(s), legal guardian or court order. Specifically, Section 509.09(a) is applicable to the following:
(1) No child under the age of twelve years shall be upon any street, road, sidewalk, park or any other public place, as set forth above, between 9:00 p.m. and 5:00 a.m. of the following day.
(2) No child twelve to fifteen years of age shall be upon any street, road, sidewalk, park or any other public place, as set forth above, between the hours of 10:00 p.m. and 5:00 a.m. of the following day.
(3) No child sixteen or seventeen years of age shall be upon any street, road, sidewalk, park or any other public place, as set forth above, between the hours of 11:00 p.m. and 5:00 a.m.
(b) (1) Any child who violates Section 509.09(a) shall be deemed unruly, neglected, dependent and/or a child without proper parental care pursuant to Ohio R.C. 2151.022, 2151.03, 2151.04 and 2151.05.
A. The child is accompanied by a parent of such child.
B. The child is accompanied by an adult authorized by a parent of such minor to take such parent’s place in accompanying such minor for a designated period of time and purpose within a specified area.
C. The child is 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.
D. The child is on the sidewalk of the place where such minor resides, or on the sidewalk of either next-door neighbor.
E. The child is returning home, by a direct route from and within thirty minutes of the termination of a school activity, an activity of a religious or other voluntary association, or place of employment.
F. The child is, with parental consent, in a motor vehicle engaged in interstate movement through the Village, or interstate travel beginning or ending in the Village.
(c) No parent having legal custody of a minor shall knowingly permit or by inefficient control, allow such minor to be or remain upon any street in violation of this Section 509.09(a), under circumstances not constituting an exception to, or otherwise beyond the scope of this chapter. “Knowingly” includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent’s legal custody. It is the intention of this section to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It shall be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor.
(d) (1) Any person who violates Section 509.09(c) shall be guilty of a misdemeanor of the first degree.
(2) It is an affirmative defense to a violation of Section 509.09(c) that the parent(s), lawful guardian or other adult person having the care and/or control of a child immediately called and reported to the police the child’s refusal or failure to abide by the curfew.
(Ord. 882. Passed 10-6-08.)