A. It is unlawful for any minor under sixteen (16) years of age to remain or loiter on any of the sidewalks, streets, alleys or public places in the city between eleven o'clock (11:00) P.M. and five o'clock (5:00) A.M. the following morning.
B. It is unlawful for any minor under eighteen (18) years of age to remain or loiter on any of the sidewalks, streets, alleys or public places in the city between one o'clock (1:00) A.M. and five o'clock (5:00) A.M. the following morning.
C. It is unlawful for any parent, guardian or other person having legal care and custody of any minor dealt with respectively in subsections A and B of this section to knowingly allow or permit any such minor to remain or loiter on any of the sidewalks, streets, alleys or public places in the city, within the times provided in subsections A and B, respectively, of this section, except as provided in subsection D of this section.
D. The provisions of subsections A, B and C of this section shall not apply where the minors dealt with respectively in subsections A and B of this section are:
1. Married;
2. Accompanied by a parent, guardian, or other adult person having the care and custody of such minor;
3. Have, in the minor's possession, a written authorization from the parent or guardian allowing the minor to be out beyond curfew hours. The authorization must be specifically drawn to describe the activity allowed and the time allowed. If the minor is engaged in activities and/or at times not allowed by the parental or guardian note this exemption shall not apply and the officer shall confiscate the note for evidence;
4. Returning home from, going to or being in attendance at any religious or school function, organized dance, theater, sports event or other such associational activity; provided, however, that going to or from such activity shall be by a direct route and within a reasonable time of the commencement or termination of such event;
5. Engaged in legitimate employment and can produce evidence of such employment;
6. In a motor vehicle engaged in normal travel, while traveling to, from or through the city on an interstate trip; or
7. Within the immediate vicinity of such minor's residence.
E. Prior to charging a person for a violation of this section an officer shall give the person or persons an opportunity to give a reasonable credible account of their conduct and purposes so that the person may show that an exemption in subsection D of this section exists. (Ord. 77-12, 2012: Ord. 76-93 § 1, 1993: prior code § 32-7-4)