(a) Hours for Ages Sixteen to Eighteen. No person age sixteen but less than eighteen years of age shall be present at or upon any public assembly, building, place, street or highway in the Village at the following times:
(1) Between 11:30 p.m. on Fridays and 6:00 a.m. on Saturdays;
(2) Between 11:30 p.m. on Saturdays and 6:00 a.m. on Sundays; and
(3) Between 10:30 p.m. and 6:00 a.m. of the following day, Sundays through Thursdays.
(b) Hours for Ages Under Sixteen. No person less than sixteen years of age shall be present at or upon any public assembly, building, place, street or highway in the Village between 10:00 p.m. and 6:00 a.m. of the following day, seven days a week.
(c) Affirmative Defenses. It is a defense to a violation under Sections 650.02(a) and (b) that the child engaged in the prohibited conduct while:
(1) Accompanied by the child's parent, legal guardian, or legal custodian;
(2) Accompanied by an adult at least eighteen (18) years of age and specified by the child's parent, legal guardian, or legal custodian;
(3) Participating in, going to, or returning from:
A. Lawful employment;
B. A school sanctioned activity;
C. A religious event;
D. An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
E. An activity involving the exercise of the child's rights protected under the First Amendment to the United States Constitution, such as freedom of speech and the right of assembly; or
F. An activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one (1) or more adults.
(d) School Curfew. It shall be unlawful for any person enrolled in any public, private or parochial elementary or secondary school to be present in any public place, building, street or location other than school during any hours when such person is enrolled in school during the regular school year, unless that person is:
(1) Traveling to or from school;
(2) Engaged in school-related activities with written approval of school authorities, or is otherwise authorized by written policy; or
(3) Engaged in personal business, including but not limited to employment, medical care, and religious activities with prior written notice from a parent or legal guardian given to school authorities.
(e) Duty of Police Officers. A member of the Police Department, while on duty, shall detain any minor willfully violating any of the provisions of this section until the parent or guardian of such minor takes him or her into custody. Such officer shall immediately, upon taking custody of such minor, communicate with the parent or guardian of such minor. Prior to detaining any minor, the officer shall make an affirmative inquiry of the minor as to whether any of the affirmative defenses set forth in Section 650.02(c) applies.
(Ord. 807. Passed 2-14-94; Ord. 941. Passed 4-28-97; Ord. 1176. Passed 3-22-04.)