(A) (1) It shall be unlawful for a minor to be or remain upon any street or alley or other public place in the village between the hours of 10:30 p.m. and 5:00 a.m. Sunday through Thursday, and between the hours of 11:30 p.m. and 5:00 a.m. on Friday and Saturday.
(2) It shall be a legal defense to a violation of division (A)(1) if the minor is:
(a) Accompanied by the minor's parent or guardian or any other person 21 years or older authorize by the parent to be a caretaker for the minor;
(b) On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(c) In a vehicle involved in interstate travel;
(d) Engaged in lawful employment, or going to and from employment, without any detour or stop;
(e) Involved in an emergency;
(f) In attendance at an official school, religious, or other activity sponsored by the village, a civic organization or other similar entity that takes responsibility for the minor, or going to or from, without any detour or stop, such as activity supervised by adults; or
(g) Exercising his first amendment rights, including free exercise of religion, freedom of speech, and the right to assembly or while going to or from such exercise, without any detour or stop.
(B) It shall be unlawful for anyone having legal care, custody, and control of any minor to allow or permit the minor to go or be upon any public street, alley, or public place in the village beyond or in violation of the hours prescribed in division (A) above, except as allowed in the exceptions contained therein.
(C) Every member of the police force is authorized to detain any minor violating the provisions of division (A) if after questioning the apparent offender to determine his age and reason for being in a public place, a police officer reasonably believes that an offense has occurred under division (A)(1) and that no defense exists under (A)(2). The minor shall be taken into custody and then released into the custody of the minor's parent, guardian, or an adult acting in loco parentis. The police officer shall notify the parent or guardian as soon as is practicable after taking the minor into custody, (Ord. 298, passed 6-17-70; Am. Ord. 04-0134, passed 3-17-04; Am. Ord. 09-0793, passed 10-21-09) Penalty, see § 134.99
Cross-reference:
Administrative warning tickets, see Ch. 42