(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
ADULT. A person at least 18 years of age.
EMPLOYER. A business holding a vendor’s license from a County Auditor and/or registered with the village for the purpose of paying village income taxes.
MINOR. A person under the age of 18 years of age.
PARENT. Any person having legal custody of a minor:
(a) As a natural or adoptive parent;
(b) As a legal guardian; and/or
(c) As a person to whom legal custody has been given by court order.
PUBLIC PLACE. Any street, highway, alley, or right-of-way, to include sidewalks; any park, playground, ground, place, or building open to the public, including parking lots and other areas adjacent thereto; and any vacant lot or land, or, without the consent of the owner, any private property.
REMAIN. To linger, stay behind, or tarry, or to stay upon a public right-of-way, street, alley, highway, sidewalk, playground, park, plaza, building, or other place used by, or occupied by, the public.
(B) Curfew hours.
(1) No minor, 12 years of age or under, shall be in, or upon, any public place in the village during the following hours:
(a) 10:00 p.m. Sunday through 6:00 a.m. Monday;
(b) 10:00 p.m. Monday through 6:00 a.m. Tuesday;
(c) 10:00 p.m. Tuesday through 6:00 a.m. Wednesday;
(d) 10:00 p.m. Wednesday through 6:00 a.m. Thursday;
(e) 10:00 p.m. Thursday through 6:00 a.m. Friday;
(f) 11:00 p.m. Friday through 6:00 a.m. Saturday; or
(g) 11:00 p.m. Saturday through 6:00 a.m. Sunday.
(2) No minor, 13 years of age or older, shall be in, or upon, any public place in the village during the following hours:
(a) 11:00 p.m. Sunday through 6:00 a.m. Monday;
(b) 11:00 p.m. Monday through 6:00 a.m. Tuesday;
(c) 11:00 p.m. Tuesday through 6:00 a.m. Wednesday;
(d) 11:00 p.m. Wednesday through 6:00 a.m. Thursday;
(e) 11:00 p.m. Thursday through 6:00 a.m. Friday;
(f) 12:00 a.m. Friday through 6:00 a.m. Saturday; or
(g) 12:00 a.m. Saturday through 6:00 a.m. Sunday.
(C) Adult responsibility.
(1) No person having legal custody of a minor shall knowingly permit, or by inefficient control allow, such minor to be in, or upon, any public place under circumstances not constituting an exception to, or otherwise beyond the scope of, this section. KNOWINGLY includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent’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, a fortiori, be no defense that a parent was completely indifferent to the activities or conduct, or whereabouts, of such minor.
(2) It shall be an affirmative defense to this section that such parent has, within 30 days preceding the alleged violation, filed, or caused to be filed, a complaint against such minor under R.C. § 2151.27.
(3) No responsible adult person 18 years of age or older shall be in the company of any minor under the age of 18 in, or upon, any public place during the hours specified in division (B) above unless such adult has permission from such minor’s parent to be in the company of said minor during such hours.
(D) Exceptions. In the following exceptional cases, it shall be a defense, and a minor in, or upon, a public place during the nocturnal hours for which this section is intended to provide the maximum limits of regulation, shall not be considered in violation of this section:
(1) When accompanied by a parent of such minor;
(2) When accompanied by an adult authorized by a parent of such minor to take the parent’s place in accompanying the minor for a designated period of time and purpose within a specified area;
(3) When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion and freedom of speech;
(4) In case of reasonable necessity after such minor’s parent has communicated to the Mayor, or police officers acting for the village, the facts establishing such reasonable necessity of designating the minor’s proposed location, route, purpose, and the period of time the minor will be in, or upon, a public place; and
(5) When returning home by a direct route from, and within 30 minutes of, the termination of verifiable employment, or participation in an official verifiable school, youth group, or religious activity.
(E) Aiding and abetting violators of curfew. It shall be unlawful for any person 18 years of age or older to aid, abet, influence, or encourage a minor in violation of this section.
(F) Disposition of minor. Any minor violating the curfew may be detained by the police, and the responsible parent notified to come and take control of the minor. If a minor’s parent cannot be located, or if the minor has committed a prior curfew violation, the police may contact the appropriate juvenile authorities for further action.
(G) Curfew penalty. Whoever violates this section may be guilty of a minor misdemeanor on the first violation, and a misdemeanor of the fourth degree on each subsequent violation.
(Ord. 423, passed 5-21-2018)