(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLOW. Either permit or neglect to refrain or 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 reasonable prudent parent or guardian should have known the child was violating this section.
MINOR. Any person under the age of 18, or, as may be otherwise phrased, any person of the age of 17 or under.
PARENT. Any person having legal custody of a minor:
(a) As a natural or adoptive parent;
(b) As a legal guardian;
(c) As a person who stands in loco parentis; or
(d) As a person to 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.
(B) Curfew hours.
(1) It is a curfew violation for a child 17 years of age or under to be in a public place 10:00 p.m. through 6:00 a.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday, and 11:00 p.m. through 6:00 a.m. on Friday and Saturday.
(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 division (C) during the time periods contained in division (B)(1) above.
(C) Exemptions. 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 division (B)(1) above shall not be considered in violation of this section:
(1) When the minor is accompanied by a parent or guardian;
(2) When accompanied by an adult authorized by a parent or guardian of such 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;
(4) In case of reasonable necessity, but only after such minor’s parent has communicated to the Police Department the facts establishing such reasonable necessity;
(5) When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of 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 hour of the termination of a school activity, or any activity or 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 Mayor 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 regulation shall define the activity; the scope of the use of the public assembly; the building; the place, street, or highway permitted; and the period of time involved not to extend more than one hour beyond the time for termination of the activity; and the reason for finding that such regulation is reasonably necessary. The Mayor shall notify the Police Department of the information;
(8) When engaged in a business or occupation which the laws of the state authorize a person under 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 location to another either within or out of the city, including all minors that may also be within the vehicle.
(D) Violation.
(1) A police officer, upon finding or being notified of any minor in or upon any public assembly, building, place, street, or highway reasonably believed to be in violation of this section, shall follow KRS 610.280, which governs the taking or receiving a child into custody on a charge of committing an offense. All other provisions of the State Unified Juvenile Code shall apply.
(2) 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, shall confront such minor and request such information as his or her name, age, and address of his or her parent or legal guardian.
(Ord. passed 11-14-1994; Ord. passed 8-13-2007) Penalty, see § 130.99