§ 138.01 CURFEW.
   (A)   No minor under the age of 12 years shall loiter or congregate in or on any public street, highway, park, vacant lot, alley, plaza, or other place open to the general public within the city limits of the city between 10:00 p.m. and 6:00 a.m., subject to the provisions of division (C) of this section, the minor is accompanied by a parent, guardian, or an adult delegated by the minor’s parent or guardian to accompany the child.
   (B)   No minor between the ages of 12 years and 16 years shall loiter, idle, or congregate in or on any public street, highway, park, vacant lot, alley, plaza, or other place open to the general public within the city limits of the city between the hours of 12:00 midnight and 6:00 a.m. on the day immediately following, subject to the provisions of division (C) of this section, the minor is accompanied by a parent, guardian, or a person delegated by the minor’s parent or legal guardian to accompany the minor and where the minor is upon an errand or other legitimate business, specifically directed by his parent or guardian.
   (C)   This section does not apply to a minor who is:
      (1)   Accompanied by the minor’s parent or guardian;
      (2)   On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
      (3)   In a motor vehicle involved in interstate travel;
      (4)   Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
      (5)   Involved in an emergency;
      (6)   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;
      (7)   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;
      (8)   Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right to assembly; or
      (9)   Married or had been married or had disabilities of minority removed in accordance with state law.
   (D)   Any violation of divisions (A), (B) or (C) of this section shall be deemed a misdemeanor and shall be punishable by a civil fine of not more than $500, plus costs, or by up to 90 days in the Clinton County Jail.
(Ord. 419, passed 11-22-1993)