(a) No parent of any child under the age of eighteen years shall permit such child to be upon any public street, alley, way or property or on any place of public resort within the City between the hours of 10:30 p.m. and 5:30 a.m. unless accompanied by a parent or an adult under authority of the parent, or permit such child between such hours to linger or loiter upon any private property of another within the City without such other’s consent.
(b) It shall be a sufficient defense to any charge of a violation of subsection (a) hereof for a parent to show:
(1) That such child previously had been incorrigible, ungovernable or habitually disobedient and beyond the control of its parent or without just cause and without consent of its parent previously had repeatedly deserted its home; or
(2) That such child was proceeding to any place or home from any place where lawfully employed; or
(3) That such child was proceeding home from any meeting or gathering held under the auspices of any church or school within the City.
Otherwise, the child shall be deemed to have been abroad with the permission of its parent. In the event mentioned in subsection (b)(1) hereof, the Mayor shall cause such child to be proceeded against in the Juvenile Court of competent jurisdiction as a “delinquent child”.
(c) Upon conviction of a violation of subsection (a) hereof, a parent shall for a first offense, be fined not more than ten dollars ($10.00); for a second offense not more than twenty- five dollars ($25.00) and for any further offense, not more than one hundred dollars ($100.00) or be imprisoned not to exceed thirty days, or both.
(d) Any child found in violation hereof shall be taken into custody and either delivered to the custody of its parent or its parent notified to resume its custody.
(e) “Parent” means and shall include both parents, if living, and any guardian or other custodian of a minor. (Passed 4-20-76.)