(A) It is unlawful for a person less than 17 years of age to be present at or upon any public assembly, building, place, street or highway at the following times:
(1) Between 12:01 a.m. and 6:00 a.m. Saturday;
(2) Between 12:01 a.m. and 6:00 a.m. Sunday; and
(3) Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
(B) The following are absolute affirmative exceptions to a charge under this section:
(1) The minor is accompanied by the child’s parent, legal guardian or a sibling who is at least 21 years of age;
(2) The minor is accompanied by a person who is at least 21 years of age and known and approved by the minor’s parent or legal guardian; and
(3) The minor is participating in, going directly to or returning directly from any of the following:
(a) Employment, which the minor is authorized by federal or state law to perform;
(b) An activity sponsored by the minor’s school;
(c) A religious activity;
(d) An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
(e) Any activity involving the exercise of the minor’s rights protected by the First Amendment of the United States Constitution or Article 1, §§ 3, 4 and 5 of the Constitution of the state or both; and
(f) Any activity conducted by a non-profit or governmental entity that provides recreation, education, training or other care under the supervision of one or more adult.
(C) A citation for violation of division (A) above may be issued by a police officer only if the officer reasonably believes that a violation has occurred and none of the absolute, affirmative exceptions in division (B) above is applicable.
(D) A police officer considering an arrest for division (A) above must make fair and reasonable inquiry into whether any of the defenses in division (B) above pertain to the minor that officer might detain or investigate for a violation of division (A) above before issuing a citation. REASONABLE INQUIRY means discussion with the minor and should the minor choose to speak with the officer, a bona fide attempt to make contact with any person who, based upon what the minor relates, could corroborate the existence of a defense as set forth in division (B) above.
(E) It is unlawful for a parent, legal guardian, custodian or any other person to knowingly allow or assist a minor in his or her care, custody or control to violate division (A) above.
(F) It is unlawful for any person knowingly or intentionally to provide untruthful, false or intentionally misleading information to an officer conducting a reasonable inquiry into division (B) above defenses as required by division (D) above. Prosecution under this division shall not preclude an additional prosecution under city or state penal provisions for interfering with an officer or obstruction of justice.
(G) The defenses set forth in division (B) above do not apply to a minor in violation of division (A) above and an arresting officer has no duty to conduct an investigation into those defenses where there is probable cause of the officer to believe the minor is committing, has committed during the prohibited curfew period or is attempting to commit a violation of any provision of Chapter 111 or Title XIII of this code, the activity enjoying no constitutional protection.
(H) This section shall become effective upon its passage by this Council and signature by the Mayor.
(I) In the event any sentence, portion or clause of this section shall be deemed by any court unconstitutional or otherwise invalid or unenforceable, the divisions and provisions not affected or so deemed shall remain in full force and effect and be enforceable through the home rule authority of this city and the jurisdiction of the Circuit Court.
(1980 Code, § 30.401) (Ord. 9045, passed 6-20-2005) Penalty, see § 134.99