§ 131.04  EXCEPTIONS.
   A juvenile who is in a public place or establishment during the restricted hours shall not be in violation of this chapter if the juvenile is:
   (A)   Accompanied by his parent or guardian;
   (B)   Accompanied by an adult 18 years of age or older authorized by the parent or guardian of such juvenile to lake the parent or guardian’s place in accompanying the juvenile for a designated period of time and purpose within a specified area;
   (C)   On an errand, using a direct route, at the direction of the juvenile’s parent or guardian until the hour of 12:30 a.m.;
   (D)   In a motor vehicle with parental consent engaged in interstate travel through the Town of Spencer or originating or terminating in the Town of Spencer;
   (E)   Traveling in a motor vehicle with a parent or guardian, or traveling in a motor vehicle with an adult 18 years of age or older authorized by the parent or guardian of such juvenile to take the parent or guardian’s place in accompanying the juvenile for a designated period of time and purpose within a specified area;
   (F)   Engaged in a lawful employment activity, or using a direct route to or from a place of employment;
   (G)   Reacting or responding to an emergency;
   (H)   Attending or traveling to or from, by direct route, an official school, religious, or recreational activity that is supervised by adults and sponsored by a public or private school, the Town of Spencer or other governmental entity, a civic organization, or another similar entity that accepts responsibility for the juvenile;
   (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;
   (J)   Married or emancipated;
   (K)   When authorized by special permit from the Chief of Police or his or her designee carried on the person of the juvenile thus authorized, as follows: when necessary nighttime activities of a juvenile may be inadequately provided for by other provisions of the chapter, then recourse may be directed to the Chief of Police, or his or designee, either for a regulation as provided in division (L) of this section or for a special permit as the circumstances warrant. Upon the findings of reasonable necessity for the use of a public place to the extent warranted by a written application signed by a juvenile, and by a parent of the juvenile, if feasible, stating:
      (1)   The name, age and address of the juvenile;
      (2)   The name, address, and telephone number of the parent thereof;
      (3)   The height, weight, sex. color of eyes and hair and other physical characteristics of the juvenile;
      (4)   The necessity that requires the juvenile to remain upon a public place during the restricted hours otherwise applicable;
      (5)   The public place; and
      (6)   The beginning and ending of the period of time involved by date and hour, the Chief of Police or his or her designee may grant and permit in writing for the juvenile’s use of a public place at such hours as in the opinion of the Chief of Police may reasonably be necessary and consistent with the purposes of this chapter; or
   (L)   When authorized by regulation issued by the Chief of Police or his or her designee in other similar cases of reasonable necessity, similarly handled as set forth in division (K) of this section but adapted to reasonably necessary nighttime activities of more juveniles than can readily be dealt with on an individual special permit basis. Normally such regulation by the Chief of Police or his or her designee permitting use of public places should be issued sufficiently in advance to permit appropriate publicity through news media and through other agencies such as the schools, and shall define the activity, the scope of the use of the public places permitted, 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 the regulation is reasonably necessary and is consistent with the purpose of this chapter.
(Ord. passed 1-10-12)