(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOUR means the hours of 11:00 p.m. until 5:00 a.m. of the following day, Sunday through Thursday, and 12:00 midnight to 5:00 a.m. the following day on Friday and Saturday.
EMERGENCY means an unforeseen combination of circumstances or the resulting state that call for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT mean any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusements.
GUARDIAN means:
(1) A person who, under court order, is the guardian of the person of a minor; or
(2) A public or private agency with whom a minor has been placed by a court.
MINOR means any person under 18 years of age who is not married or otherwise emancipated.
OPERATOR means any individual, firm, association, partnership, or corporation operating,
managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT means a person who is:
(1) A natural parent, adoptive parent, or stepparent; or,
(2) Another person, at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
REMAIN means to:
(1) Linger or stay; or
(2) Fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
SERIOUS BODILY INJURY means bodily injury that creates a substantial risk of death or that causes death, serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
TIME referred to herein is based upon the prevailing standard of time, whether Eastern Standard Time or Eastern Daylight Time, generally observed at that hour by the public in the city.
(B) Offenses.
(1) It shall be unlawful for any minor to be in or upon any public street or public place during curfew hours as defined in division (A) of this section.
(2) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(3) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain on the premises of the establishment during curfew hours.
(C) Exceptions.
(1) In the following exceptional cases a minor who would be found in violation of division (B) shall not be considered in violation of this section when any of the following apply:
(a) When accompanied by a parent or guardian of such minor.
(b) When on an errand at the direction of the minor's parent or guardian, without any detour or stop.
(c) When in a motor vehicle involved in interstate travel, or when in a motor vehicle with parental consent when traveling to and from home.
(d) When engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop.
(e) When involved in an emergency.
(f) When 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.
(g) When attending an activity organized and supervised by adults and sponsored by the city, another municipality, school district, civic organization, or other similar activity that takes responsibility for the minor. Attending an official school or religious activity; going to or coming from, without any detour or stop, those activities identified herein.
(2) If the owner, operator, or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave, the owner, operator or employee shall not be in violation.
(D) Parental responsibilities. No parent or guardian having legal custody shall knowingly permit or by inefficient control allow such minor to be in or on public streets or public places under circumstances not constituting an exception to, or otherwise beyond the scope of, this section. The term KNOWINGLY includes knowledge which a parent or guardian should reasonably be expected to have concerning the whereabouts of a minor in that parent's or guardian's legal custody. It is intended 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.
(E) Police procedures.
(1) A police officer of the city, upon finding or having attention called to any minor on the streets in prima-facie violation of this section, normally shall take the minor to the City Police Station, where a parent or guardian shall immediately be notified to come for the minor, and whereupon an inquiry shall be made. This inquiry is intended to permit the officer to ascertain, under constitutional safeguards, relevant facts and information to perform his duties. In the absence of convincing evidence, such as a birth certificate, a police officer on the street shall, in the first instance, use his best judgment in determining age.
(2) A police officer may, under appropriate circumstances, order such minor to return home or may deliver the minor to the custody of the parent or guardian, where, for example, such minor is of tender age, or where the identity and address of such minor may readily be ascertained.
(3) When a parent or guardian, immediately called, has come to take charge of the minor, and the appropriate information has been recorded, the minor shall be released to the custody of such parent or guardian. If the parent or guardian cannot be located, or fails to take charge of the minor, then the minor shall be released to the juvenile authorities, except to the extent that, in accordance with police regulations, the minor may temporarily be intrusted to a relative, neighbor, or other person who will, on behalf of a parent, assume the responsibility of caring for the minor pending the availability or arrival of a parent of guardian.
(4) In the case of a first violation by a minor, the Chief of Police shall send to a parent or guardian written notice of the violation with a warning that any subsequent violation will result in full enforcement of this section, including enforcement of parental responsibility and of applicable penalties.
(F) Non-limiting. Nothing in this section shall be interpreted as restricting the City Police Department and other law enforcement agencies in the arrest, apprehension, detention and prosecution of individuals found to be in violation of non-curfew laws, statutes or ordinances under the city municipal code, state and federal laws.
(G) Penalties.
(1) If, after a parent or guardian has been warned and given notice of a first violation by such minor, and the minor is found in violation again, this shall be treated as a first offense by the parent or guardian. Such parent or guardian shall be guilty of a minor misdemeanor. For any subsequent offense, a parent or guardian shall be guilty of a misdemeanor of the fourth degree.
(2) Any minor who shall violate any of the provisions of this section more than two times shall be reported to the Juvenile Authorities for the treatment, supervision and rehabilitation of such minor.
(3) Whoever violates division (B)(3) of this section shall be guilty of a minor misdemeanor for the first offense and a misdemeanor of the fourth degree for each subsequent offense.
(‘82 Code, § 636.19) (Ord. 95-31, passed 6-6-95) Penalty, see § 698.02