(A) Definitions.
CURFEW HOURS.
(1) For minors 16 years of age or older, between the hours of 12:00 a.m. and 5:00 a.m. of the same day.
(2) For minors under the age of 16 years, between the hours of 10:00 p.m. and 5:00 a.m. of the next day.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but it not limited to, a fire, natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT. Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
GUARDIAN.
(1) A person who, under court order, is the guardian of the person of a minor; or
(2) A public or private agency with whom a minor has been placed by a court.
MINOR. Any person under 18 years of age who is not married or otherwise emancipated.
OPERATOR. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT. A person who is:
(1) A natural parent, adoptive parent, or step-parent of another person; or
(2) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
REMAIN.
(1) To linger or stay; or
(2) To fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(B) Offenses.
(1) A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours.
(2) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(3) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
(C) Defenses.
(1) It is a defense to prosecution under division (B) of this section that the minor was:
(a) Accompanied by the minor's parent or guardian;
(b) On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(c) In a motor vehicle involved in interstate travel;
(d) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(e) Involved in an emergency;
(f) 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;
(g) Attending an activity organized and supervised by adults and sponsored by the city, another municipality, school district, civic organization or other similar organization that takes responsibility for the minor, or attending an official school or religious activity;
(h) Going to or coming from, without any detour or stop, those activities identified in division (C)(1)(g) of this section;
(i) 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.
(2) It is a defense to prosecution under division (B)(3) of this section that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(D) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in division (C) is present.
(E) Penalty.
(1) Any minor found violating any provision of this section shall be guilty of committing a curfew violation, a minor misdemeanor, and shall be dealt with in accordance with juvenile law and procedure.
(2) Any parent, guardian or other adult persons having the care, custody or supervision of a minor who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. The first violation shall be punishable as a minor misdemeanor, with subsequent offenses punishable by a fine not to exceed $500.
(Ord. 2755, passed 2-16-95; Am. Ord. 99-3042, passed 10-14-99; Am. Ord. 01-3135, passed 12-20-01)