(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLOW. Either permit or neglect to refrain or prevent. It requires actual or constructive knowledge on the part of the parent or guardian; that is, the parent or guardian must actually know about the child violating this section, or the circumstances must be such that a reasonable prudent parent or guardian should have known the child was violating this section.
MINOR. Any person under the age of 18, or, as may be otherwise phrased, any person of the age of 17 or under.
PARENT. Any person having legal custody of a minor:
(a) As a natural or adoptive parents;
(b) As a legal guardian;
(c) As a person who stand "in loco parentis;" and/or
(d) As a person to whom legal custody has been given by order of court.
REMAIN. To stay behind, to tarry or to stay unnecessarily upon or in any public assembly, building, place, street or highway.
(B) It shall be unlawful for any person under the age of 18 (minor) to remain in or upon any public assembly, building, place, street or highway within the city at night during the following periods:
(1) 10:00 p.m. Sunday to 6:00 a.m. Monday;
(2) 10:00 p.m. Monday to 6:00 a.m. Tuesday;
(3) 10:00 p.m. Tuesday to 6:00 a.m. Wednesday;
(4) 10:00 p.m. Wednesday to 6:00 a.m. Thursday;
(5) 10:00 p.m. Thursday to 6:00 a.m. Friday;
(6) 11:00 p.m. Friday to 6:00 a.m. Saturday; and
(7) 11:00 p.m. Saturday to 6:00 a.m. Sunday.
(C) It shall be unlawful for any parent or guardian having legal custody of a minor to allow the minor to be or remain in or upon a public assembly, building, place, street or highway in the city under circumstances not constituting an exception as enumerated in division (D) below during the time periods contained in division (B) above.
(D) In the following exceptional cases a minor in or upon any public assembly, building, place, street or highway in the city during the nocturnal hours provided for in division (B) above shall not be considered in violation of this section:
(1) When the minor is accompanied by a parent or guardian;
(2) When accompanied by an adult authorized by a parent or guardian of the minor;
(3) 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; provided that, written notice signed by the minor and countersigned by a parent is in the possession of the minor specifying when, where and in what manner the minor will be exercising the First Amendment rights;
(4) In case of reasonable necessity, but only after the minor's parent has communicated to the law enforcement authority of the city the facts establishing the reasonable necessity;
(5) When returning home, by a direct route from, and within one hour of the termination of, a school activity or any activity of a religious or other voluntary association; provided that, justification indicating the place and time of termination of the event can be given to any investigating officer of the law enforcement authority of the city;
(6) When authorized by regulation issued by the City Commission and/or the Mayor in cases of reasonable necessity involving more minors than may reasonably be dealt with on an individual basis; (The regulation should be issued sufficiently in advance to permit publicity through news media and through other agencies such as the schools. The regulation shall define the activity, the scope of the use of the public assembly, building, place, street or highway permitted, and the period of time involved not to extend more than one hour beyond the time for termination of the activity, and the reason for finding that such regulation is reasonably necessary.)
(7) When engaged in a business or occupation which the laws of Kentucky authorize a person under 18 years of age to perform;
(8) When the minor is, with parental consent, in a motor vehicle with a lawfully authorized driver; and/or
(9) When the minor, who is a duly authorized and licensed driver, is operating a motor vehicle for the purpose of passing through the city, by direct route, from one location to another either within or out of the city, including all minors that may also be within the vehicle.
(E) A police officer upon finding or being notified of any minor in or upon any public assembly, building, place, street or highway whose parent is believed to be in violation of this section shall confront the minor and request such information as his or her name, age, address of his or her parent or legal guardian; and upon ascertaining that the parent or guardian is believed to be in violation of this section, shall follow the duties of a police officer in citing the parent or guardian for the offense of violating this section.
(Ord. 95-002, passed 4-11-1995) Penalty, see § 10.99