(A) It shall be unlawful for any person under the age of eighteen (18) to be or remain in any public place within the city at night during the following periods:
1) 12:00 midnight to 6:00 a.m. Saturday
2) 12:00 midnight to 6:00 a.m. Sunday
3) 11:00 p.m. Sunday to 6:00 a.m. Monday
4) 11:00 p.m. Monday to 6:00 a.m. Tuesday
5) 11:00 p.m. Tuesday to 6:00 a.m. Wednesday
6) 11:00 p.m. Wednesday to 6:00 a.m. Thursday
7) 11:00 p.m. Thursday to 6:00 a.m. Friday
(B) It shall be unlawful for any parent or guardian as defined in § 130.01 to allow a minor to be or remain in or upon a public place in the city under circumstances not constituting an exception as enumerated in subsection (D) during the curfew period contained in subsection (A).
(C) It shall be unlawful for the owner, operator, or any employee of an establishment defined as a public place herein to knowingly allow a minor to remain upon the premises of the establishment under circumstances not constituting an exception as enumerated in subsection (D) below during the time curfew period contained in subsection (A) above.
(D) In the following exceptional cases a minor in or upon any public place in the city during the nocturnal hours provided for in subsection (A) above shall not be considered in violation of this subchapter.
(1) When the minor is accompanied by a person at least eighteen (18) years of age and authorized by a parent or guardian to have care and custody of such minor;
(2) When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of a religion, freedom of speech, and the right of assembly, provided that written notice signed by the minor and countersigned by a parent or guardian is in the possession of such minor specifying when, where, and in what manner said minor will be exercising such First Amendment rights;
(3) In the case of reasonable necessity, but only after such minor's parent(s) has communicated to the Police Department the facts establishing such reasonable necessity;
(4) When the minor is on the sidewalk contiguous to the place where such minor resides, or on the sidewalk contiguous to a next door neighbor who has not communicated an objection to a police officer or the Police Department;
(5) When attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, East KY Expo Center, a civic organization, school board or other similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school or religious or other recreational activity supervised by adults and sponsored by the city, a civic organization, school board or similar entity that takes responsibility for minors; providing that justification indicating the place and time of the event can be given to any investigating officer of the Police Department.
(6) When authorized by regulations issued by the City Manager in cases of reasonable necessity involving more minors than may reasonably be dealt with on an individual basis. Such regulation should be issued sufficiently in advance to permit publicity through news media and through other agencies such as the schools. The regulations 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 that a reason for finding that such regulation is reasonably necessary. The City Manager shall notify the Police Department of the information;
(7) When engaged in an employment, business or occupation which the laws of Kentucky authorizes a person under eighteen (18) years of age to perform or going to or returning home therefrom, without any detour or stop provided that justification indicating the place and time of employment can be given to the investigating officer of the Police Department.
(8) When the minor is, with parental consent, in a motor vehicle with a lawful authorized driver;
(9) When the minor, who is a duly authorized licensed driver, is operating a motor vehicle within the city for the purpose of passing through, by direct route, from one location to another either within or out of the city including all minors that may also be within the vehicle;
(10) When the minor is married in accordance with law or had disability of being under age removed by a court of competent jurisdiction; or
(11) When the minor is homeless or uses a public place as his or her usual place of abode.
(Ord. 0-96-006, passed 9-23-96; Am. Ord. 05-0-024, passed 11-28-05)