A. Defense For Minor: It is a defense to prosecution under this chapter if the offending minor was:
1. Accompanied by the minor's parent or guardian;
2. On an errand at the express direction of the minor's parent or guardian, without any detour or stop;
3. In a motor vehicle involved in interstate travel;
4. Engaged in employment activity or going to an employment activity or returning to the minor's place of residence, without any detour or stop;
5. Involved in an emergency;
6. Within the yard or upon the sidewalk abutting the minor's residence or abutting the residence of another adult with whom the parent or guardian of such minor has expressly placed temporary custody of the minor;
7. Attending an officially-sponsored school, religious or other recreational, cultural or educational activity supervised by adults and sponsored by a public entity or a religious, charitable, fraternal, civil or other similar organization organized by adults, or going to or returning home from such activities, without any detour or stop;
8. Exercising First Amendment rights protected by the United States Constitution or rights protected by article I, section 9 of the Constitution of the State of Idaho;
9. Is married or has had the disabilities of minor removed in the manner provided by law.
B. Defense For Business Establishment: It is a defense to prosecution under section 5-3-5 of this chapter that the owner, operator or employee of an establishment asked the minor to leave the premises and promptly notified the law enforcement that a minor is present on the premises of the establishment during curfew hours and refuses to leave. (Ord. 464, 3-4-1997, eff. midnight 4-1-1997)