(a) Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word “shall” is always mandatory and not merely directory.
(1) “City” means the City of Steubenville.
(2) “Minor” means any person under the age of eighteen years.
(3) “Parent” means the natural or adoptive parent of a minor.
(4) “Guardian” means any person over the age of eighteen years who has legal guardianship of a minor.
(5) “Custodian” means any person over the age of eighteen years who is in loco parentis to a juvenile.
(6) “Public place” means any street, alley, highway, sidewalk, park, playground or place in 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, cafe, 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.
(Ord. 1974-157. Passed 9-3-74.)
(Ord. 1974-157. Passed 9-3-74.)
(b) Curfew for Minors.
(1) No minor under the age of sixteen (16) shall remain, idle, wander, stroll or play in any public place either on foot or cruise about without a set destination in any vehicle, in, about or upon any place in the City between 10:00 p.m. and 5:00 a.m. unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor or unless the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the care and custody of the minor or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation.
(2) No minor sixteen (16) years of age or older shall remain, idle, wander, stroll or play in any public place either on foot or cruse about without a set destination in any vehicle in, about or upon any place in the City between 11:00 p.m. and 5:00 a.m. unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor or unless the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the care and custody of the minor or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation.
(c) Responsibility of Owners of Public Places. No person, firm or corporation operating or having charge of any public place shall knowingly permit the presence of minors as defined in subsection (b) hereof unless the minor is in compliance with subsection (b) hereof.
(d) Parent’s Responsibility. No parent, guardian or other adult person having custody or control of any minor shall permit or by inefficient control allow such minor to be on the streets or sidewalks or in any public property or public place within the City the hours as defined in subsection (b) hereof.
(Ord. 2014-66. Passed 7-8-14.)
(e) Special Functions. Any minor attending a special function or entertainment of any church, school, club or other organization that requires such minor to be out at a later hour than that called for in subsection (b) hereof, shall be exempt from the provision of subsection (b) hereof, provided the church, school, club or other organization shall register in advance with the Chief of Police or his designate to have minors stay out to this later hour. The registrant shall state the time the function or entertainment shall end, and the minors who attend the function shall be required to be in their homes or usual places of abode within one half hour after the function is ended.
(f) Procedure.
(1) Any police officer, upon finding a minor in violation of subsection (b) hereof, shall ascertain the name and address of such minor and warn the minor that he is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the officer in charge of the juvenile division of the Police Division who, in turn, shall notify the parents, guardian or other person having custody or control of such minor.
(2) If such minor refuses to heed such warning or direction by any police officer or refuses to give the police officer his correct name and address, or if the minor has been warned on a previous occasion that he or she is in violation of curfew, he or she shall be taken to the Police Division and the parent, guardian or other adult person having the care and custody of such minor shall be notified to come and take charge of the minor. If the parent, guardian or other adult person above cannot be located or fails to come and take charge of the minor, the minor shall be released to juvenile authorities.
(g) Effect of Violation. Any minor violating the provisions of this section shall be dealt with in accordance with law pertaining to juvenile offenders. Any parent, guardian or other adult person having the care and custody of a minor violating this section shall, after having been previously notified under subsection (f) hereof, be guilty of a minor misdemeanor for a first offense and for a second or subsequent offense, be guilty of a misdemeanor of the fourth degree. Any person, firm or corporation in violation of subsection (c) hereof, shall be guilty of a misdemeanor of the fourth degree. (Ord. 1974-157. Passed 9-3-74.)