(a) No child, unless accompanied by a parent, guardian or another adult approved by a parent or guardian, shall enter or remain on any street, sidewalk or other public place, either on foot or any type of vehicle, during the following hours:
(1) A child under the age of sixteen between 11:00 p.m. and 6:00 a.m.;
(2) A child the age of sixteen or seventeen, between 1:00 a.m. and 6:00 a.m.
(b) It shall be an affirmative defense to prosecution under subsection (a) hereof that the minor child was in attendance or traveling to or from a school, religious or civic function; or traveling to or from employment, or otherwise engaged in the course of their employment; or responding to a medical or other emergency or when accompanied by a parent or guardian or a member of the immediate family that is eighteen years of age or older.
(c) No parent, guardian or other adult person having the care and/or control of a child with the consent of the child’s parent, guardian or court order shall negligently permit or allow the child to violate subsection (a) hereof.
(d) It shall be an affirmative defense to prosecution under subsection (a) hereof that the parent, guardian or other adult person having the care and/or control of a child with the consent of the child’s parent, guardian or court order, immediately reported to the police the child’s refusal or failure to comply with subsection (a) hereof.
(e) Any child violating subsection (a) hereof shall be dealt with in accordance with Juvenile Court laws and procedure. Any parent or guardian who violates subsection (c) hereof shall be guilty of a minor misdemeanor.
(Ord. 2015-1. Passed 1-26-15.)