§ 130.29 CURFEW.
   (A)   It shall be unlawful for any person under the age of 17 years to loiter, idle, wander, stroll, or play in or upon the public streets, sidewalks, highways, roads, alleys, parks, public places and public buildings, places of amusement and entertainment, vacant lots, or other unsupervised places, or to ride in or upon, drive, or otherwise operate any automobile, bicycle, or other vehicle in, upon, over, or through the streets, alleys, or other public places of the city between the hours of 11:00 p.m. and 5:00 a.m. of the following day on all the days of the week, except on Friday and Saturday when the curfew hours shall be from 12:00 a.m. to 5:00 a.m. the following day, said curfew hours shall be in force from September 15 to May 15 and from May 15 to September 15. The curfew hours on Sunday through Thursday shall be from 12:00 a.m. to 5:00 a.m. unless such person is accompanied by a parent, guardian, or other adult person having the legal care and custody of such minor person or unless said minor person is upon an emergency errand or legitimate business directed by his or her parent, guardian, or legal custodian, unless exempted under division (F) below.
   (B)   It shall be unlawful for the parent, guardian, or other adult person having the care and custody of a minor under the age of 17 years to allow or permit such minor person to do any of the things or acts prohibited by this section, unless said minor is accompanied by his or her parent, guardian, or other adult person having the legal care and custody of the minor or unless said minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or legal custodian, unless exempted under division (F) below.
   (C)   It shall be unlawful for the parent, guardian, or other adult person having the care and custody of a minor under the age of 17 years to allow or permit such minor person to do any of the things or acts prohibited by this section unless said minor is accompanied by his or her parent, guardian, or other adult person having the legal care and custody of the minor or unless said minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or legal custodian, unless exempted under division (F) below.
   (D)   It is further ordained that no minor person arrested under the provisions of this section shall be confined in jail until he or she has been taken home or the parent, guardian, or legal custodian notified and the arresting officer has ascertained whether or not such minor person is within the control of its parent, guardian, or legal custodian; and if such parent, guardian, or legal custodian shall state that said minor cannot be controlled by them, then such minor shall be proceeded against; otherwise, the parent, guardian, or custodian shall be proceeded against.
   (E)   Each violation of any of the provisions of this section shall constitute a separate offense.
   (F)   It is an exemption to a violation under this section that the person engaged in the prohibited conducted while:
      (1)   Accompanied by the minor’s parent or guardian;
      (2)   On an errand at the discretion of the minor’s parent or guardian, without any detour or stop;
      (3)   In a motor vehicle involved in interstate travel;
      (4)   Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
      (5)   Involved in an emergency;
      (6)   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;
      (7)   Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, 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 city, a civic organization, or another similar entity that takes responsibility for the minor;
      (8)   Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speed, and the right of assembly; or
      (9)   Married or had been married or had disabilities of minority removed in accordance with state law.
(Prior Code, § 6-330) (Ord. 591, passed 6-2-1998) Penalty, see § 10.99