In the following exceptional cases, a minor in or upon a public place during the nocturnal hours for which Section 557.02 is intended to provide the maximum limits of regulation shall not be considered in violation of this chapter:
(a) When accompanied by a parent of such minor.
(b) 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.
(c) When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly. Such minor shall evidence the bona fides of such exercise by first delivering to the Police Department written communication signed by such minor and countersigned if practicable by a parent of such minor with their home address and telephone number, addressed to the Police Chief, specifying when, where and in what matter the minor will be in a public place at night during the hours when this chapter is otherwise applicable to the minor, in the exercise of a First Amendment right specified in such communication.
(d) In case of reasonable necessity, but only after such minor's parent has communicated to the Police Department personnel the facts establishing such reasonable necessity and designating the minor's proposed location, route, purpose and the period of time the minor will be in or upon a public place.
(e) When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next-door neighbor not communicating an objection to the police officer.
(f) When returning home by a direct route from, and within thirty minutes of, the termination of a school activity, or an activity of a religious or other voluntary association or which prior notice, indicating the place and probable time of termination, has been given in writing to and duly filed for immediate reference by, the Chief of Police or the officer assigned by him on duty at the Police Station.
(g) When authorized by special permit from the Mayor, carried on the person of the minor, when necessary nighttime activities of a minor may be inadequately provided for by other provisions of this chapter. A written application shall be given to the Mayor, signed by a minor and by a parent of such minor, if feasible, stating:
(1) The name, age and address of such minor;
(2) The name, address and telephone number of a parent thereof;
(3) The height, weight, sex, color of eyes and hair and other physical characteristics of such minor;
(4) The necessity which requires such minor be in or upon a public place during the curfew hours otherwise applicable; and
(5) The street or route and the beginning and ending of the period of time involved by date and hour.
The Mayor may grant a permit in writing for the use by the minor of those public places at such hours as in the Mayor's opinion may reasonably be necessary. In an emergency, this may be handled by telephone, or other effective communication, with a corresponding record being made contemporaneously, either to the Mayor, or if unavailable, to the Police Chief.
(h) When authorized by regulation issued by the Mayor, in other similar cases of reasonable necessity, similarly handled but adapted to necessary night-time activities of more minors than can readily be dealt with on an individual special permit basis. Normally such regulation by the Mayor permitting use of public places should be issued sufficiently in advance to permit appropriate publicity through news media and through other agencies such as the schools, and shall define the activity, the scope of the use of public places permitted, and the period of time involved not to extend more than thirty minutes beyond the time for termination of such activity.
(i) When the minor carries a certified card of employment, briefly identifying the minor, the address of his home and place of employment and his hours of employment.
(Ord. 900417-42. Passed 5-1-90.)
(Ord. 900417-42. Passed 5-1-90.)