No minor under the age of 18 years shall be or remain in or upon the public streets, alleys, parks, playgrounds, public grounds, public places, public buildings, public places of amusement and entertainment, vacant lots or other unsupervised public places within the city between the hours of 11:00 p.m. and 4:00 a.m. of the following day.
(1957 Rev. Ords., § 9.501; 1972 Code, §§ 26-93, 26-94; 1992 Code, § 26-94)
This chapter does not apply to a minor who is:
(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 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;
(h) 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
(i) Married or had been married or had disabilities of minority removed in accordance with state law.
(1957 Rev. Ords., § 9.501; 1992 Code, § 26-95)
It shall be unlawful for the parents, guardian or other adult person having the care and custody of a minor under the age of 18 years to knowingly permit the minor to be or remain in or upon the public streets, alleys, parks, playgrounds, public grounds, public places, public buildings, public places of amusement and entertainment, vacant lots or other unsupervised public places within the city between the hours of 11:00 p.m. and 4:00 a.m. of the following day except when the minor is:
(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 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;
(h) 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
(i) Married or had been married or had disabilities of minority removed in accordance with state law.
(1957 Rev. Ords., § 9.502; 1992 Code, § 26-96)
(a) Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not detain the minor, issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, including any investigation that a reasonable person would deem necessary, none of the exceptions enumerated in this section apply.
(b) Upon determining that enforcement action is warranted under this chapter, a police officer may arrest and detain any minor violating this chapter until the parent, guardian or custodian is notified. The minor may be released upon the giving of a promise by the minor and his or her parent or guardian or custodian that the minor together with his or her parent, guardian or custodian will appear at a stated time before the proper authority to answer to the charges.
(1957 Rev. Ords., § 9.502; 1992 Code, § 26-97)