(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CUSTODIAN. Any person over the age of 21 years who is in loco parentis to a minor.
GUARDIAN. Any person or other than a parent who has legal guardianship of a minor.
MINOR. Any person under the age of 18.
PARENT. The natural or adoptive parent of a minor.
PUBLIC PLACE. Any street, alley, highway, sidewalk, park, playground, or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A PUBLIC PLACE shall include but not be limited to, any store, shop, restaurant, tavern, bowling alley, café, theater, drug store, pool room, shopping center, and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.
(B) (1) It is unlawful for any minor to remain, wander, stroll, or play in any public place on foot or to cruise about without a set destination in any vehicle in, or upon any public place in the town during the following months and at the following times:
(a) School months. Between the hours of 10:00 p.m. and 5:00 a.m. Sunday through Thursday, and between the hours of 11:00 p.m. and 5:00 a.m. Fridays and Saturdays; and
(b) Summer months. Between the hours of 11:00 p.m. and 5:00 a.m. Sunday through Thursday, and between 12:00 a.m. and 5:00 a.m. Fridays and Saturdays.
(2) The only exceptions to the above are as follows:
(a) When the minor is accompanied by a parent, guardian, custodian, or other adult having custody or control of said minor child;
(b) The minor is on an emergency errand or specific business or activity directed or permitted by the parent, guardian, or other adult person having the care and custody of the minor; or
(c) Where the presence of such minor is connected with or required by some legitimate employment, trade, profession, or occupation.
(C) It is unlawful for any person, firm, or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors between the hours of curfew designated in division (B) above.
(D) It is unlawful for any parent, guardian, custodian, or other adult person having custody or control of any minor to suffer or permit or by inefficient control to allow such person to be on any public place within the town between the hours of curfew designated in division (B) above. The provisions of this section do not apply if:
(1) The minor is accompanied by a parent, guardian, custodian, or other adult person having the care, custody, or control of the minor;
(2) The minor is on an emergency errand or specific business or activity directed by his, her, or their parent, guardian, custodian, or other adult having the care and custody of the minor; or
(3) The parent, guardian, or other adult person herein has made a missing person notification to the town’s Police Department.
(E) The Board of Trustees may permit by resolution or motion procedures for advance notice or registration with the town of special events or functions sponsored by churches, schools, clubs, or other organizations which require minors to be out at a later time. The Board of Trustees may also prescribe the procedures for taking into custody minors found in violation of this section.
(Prior Code, § 10-413) (Ord. passed 11-1-1999) Penalty, see § 133.99