(A) Purpose. The people of the city enact this section to:
(1) Protect the public from the illegal acts of minors committed during the curfew hours;
(2) Protect minors from improper influence that prevail during the curfew hours;
(3) Protect minors from criminal activity that occurs during the curfew hours; and
(4) Require parents to exercise control of their minor children.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MINOR. Any person under the age of 17 years.
PARENT. Means and includes mother, father, legal guardian and any other person having the care or custody of a minor or such other adult with whom a minor may be found residing.
RESIDENCE. A home, apartment, condominium of other dwelling unit and includes the curtilage of the dwelling unit.
(C) Curfew for minors.
(1) Minors 12 years and under. No minor the age of 12 or under shall be upon, in or on any public street, highway, alley, park, vacant lot or other public place between the hours of 10:00 p.m. and 6:00 a.m. of the following day, unless subject to the exceptions set forth in division (D) below.
(2) Minors 13 years to 16 years. No minor the age of or between the ages of 13 and 16 years shall be upon, in or on any public street, highway, alley, park, vacant lot or other public place between the hours of 12:00 midnight and 6:00 a.m. of the following day, unless subject to the exceptions set forth in division (D).
(D) Exceptions to the operation of the curfew. A minor shall not be deemed to violate the provisions of this section if any of the following provisions are found to exist:
(1) Where the minor is accompanied by a parent, guardian or some adult over 21 years of age delegated by the parent or guardian to accompany the minor child for a designated period of time and for a specific purpose within a specified area;
(2) Where the minor child is resident of another municipality or resident of this city and is in a motor vehicle with parental consent and is traveling through the city or the city is the origin destination of interstate travel. This exception shall not apply to minors sitting in parked vehicles without parental consent;
(3) Where the minor is employed in the course of lawful employment or for a period on 1/2-hour before to 1/2-hour after work, while traveling a direct route between the place of employment and his or her residence and carries on his or her person a written statement signed by his or her employer showing the times when the minor left work on that day;
(4) Where the minor is carrying out an errand or other lawful activity directed by a parent, guardian or custodian; or
(5) Where the minor is participating in, going to, or returning from a lawful athletic, educational, entertainment, religious or social event.
(E) Parental responsibility for minors violating curfew. No parent shall knowingly fail, permit or neglect to supervise a minor from violating the curfew provisions of division (C) above. A rebuttable presumption of a violation shall occur if the following is found to exist:
(1) The parent of the minor is immediately notified by the Police Department, advising the parent of the arrest or detention of the minor; the reason for the detention; and the parents’ responsibility under this section. A record of the notification shall be maintained by the Police Department; and
(2) Any parent who fails to pick up a minor detained by the Police Department upon notification by the Police Department or any parent who has received two prior notifications regarding curfew violations of any minor within their control shall be guilty of a misdemeanor.
(F) Aiding or abetting violations. Any person of the age of 17 years or over assisting, aiding, abetting, allowing, permitting or encouraging any minor under the age of 17 years to violate the curfew provisions of division (C) above is guilty of a misdemeanor.
(Ord. passed 7-26-1993; Am. Ord. passed 5-24-2004) Penalty, see 10.99