(A) (1) From and after the effective date hereof, it shall be unlawful for any person of the age of 17 years or younger to loiter, stroll or drive upon the streets, alleys, avenues, parks or other places within the city after the hour of 11:00 p.m. and before the hour of 5:00 a.m. unless accompanied by a parent, legal guardian or other adult person having authority to accompany the person or unless the minor person is en route directly to or from an authorized activity in division (C) below.
(2) Any police officer or other law enforcement officer is hereby authorized and empowered to take charge of any person 17 years of age or under violating the provisions of this division (A), and it shall be the duty of such officers to take such person into custody, and notify immediately the parent, legal guardian or adult person having the care and custody of such minor of the violations of the terms of this division (A) and to inform the person that the minor will be held in an authorized holding facility or any other lawful place of detention until called for by such parent, legal guardian or legal custodian.
(Prior Code, § 5-5-1)
(B) (1) It shall be unlawful for any parent, legal guardian or other adult person having legal care and custody of any minor person of the age of 17 years or younger to allow or permit such person to act in violation of the provisions of this division (B) unless exempted under division (C) below.
(2) It shall be unlawful and shall be considered a separate offense under this division (B) provision for any parent, legal guardian or other adult person having the legal care and custody of any person of the age of 17 years or younger to refuse, after being notified to do so by the police or law enforcement officer, to come immediately to the place of custody and take charge of such minor.
(Prior Code, § 5-5-2)
(C) It is an exemption to a violation under this section that the person engaged in the prohibited conduct while:
(1) Accompanied by the minor’s parent or guardian;
(2) On an errand at the 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 an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor’s presence;
(7) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor;
(8) 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; or
(9) Married or had been married or had disabilities of minority removed in accordance with state law.
(Ord. 95-584, passed 8-2-1995) Penalty, see § 130.99