(a) For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular number include the plural. “Shall” is always mandatory and not merely directory.
(1) “Director” means the Director of Public Safety of the City and/or an Assistant Director of Public Safety and/or a police officer or other public employee authorized by the Director to act on his behalf.
(2) “Minor” means any person under the age of eighteen or, in equivalent phrasing often herein employed, any person seventeen or less years of age.
(3) “Parent” means any person having legal custody of a minor:
A. As a natural or adoptive parent;
B. As a legal guardian;
C. As a person who stands in loco parentis; or
D. As a person to whom legal custody has been given by order of court.
(4) “Public dance” or “public ball” means any dance or ball to which admission can be had by payment of a fee or by the purchase, possession or presentation of a ticket or token obtained for money or other valuable consideration, or in which a charge is made for caring for clothing or other property, or any other dance to which the public generally may gain admission with or without the payment of a fee, including restaurant dancing or any other dance or party where dancing in held before or after a program of some other nature and dancing to which any of the public generally may gain admission with or without the payment of a fee. However, this shall not include dances sponsored or held by a federal, state or local government; a public or private secondary school, college or university; or a religious institution.
(5) “Public dance hall” means any auditorium hall, academy, room, place, restaurant or night club in which a public dance or public ball is held or any room, place, hall or academy in which classes in dancing are held or instruction in dancing is given for a fee.
(6) “Public place” means any street, park, playground, mall or other place or building open to the public; any cemetery, school yard, body of water or watercourse; any privately or publicly owned place of amusement, entertainment or public accommodation including parking lots and the areas adjacent thereto; any area accessible to the public in business establishments or upon the lots and lands which they occupy; and any undeveloped lot or land, in the City.
(7) “Remain” means to stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups, or of interacting minors, totaling four or more persons in which any minor involved would not be using the streets for ordinary or serious purposes such as mere passage or going home.
(8) “Street” means a way or place, of whatever nature, open to use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof, for pedestrian travel. “Street” includes the legal right-of-way, including but not limited to the traffic lanes, the curb, the sidewalk, whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street. “Street” applies irrespective of what it may be called or formally named, whether alley, avenue, court, road or otherwise.
(9) “Time of night” referred to herein, is based upon the prevailing standard of time, whether Eastern Standard Time or Eastern Daylight Saving Time, generally observed at the hour by the public in the Municipality, prima facie the time then observed in the Municipal administrative offices and Police Station.
(10) “Year of age” continues from one birthday, such as the seventeenth to, but not including the day of, the next, such as the eighteenth birthday, making it clear that seventeen or less years of age is herein treated as equivalent to the phrase “under eighteen years of age.” Similarly, for example, eleven or less years of age means under twelve years of age.
(b) No person seventeen or less years of age shall be or remain in or upon any public place within the Municipality at night during the period ending at 6:00 a.m. and beginning:
(1) At 9:00 p.m. for minors twelve or less years of age;
(2) At 10:00 p.m. for minors thirteen through fifteen years of age; and
(3) At 11:00 p.m. for minors sixteen or more years of age.
Such provisions of law shall be in effect daily except Friday and Saturday when such curfew hours shall be:
(1) At 10:00 p.m. for minor twelve or less years of age;
(2) At 11:00 p.m. for minors thirteen through fifteen years of age; and
(3) At 12:00 midnight for minors sixteen or more years of age.
(c) No person between the ages of six and eighteen years of age shall be or remain in or upon any public place during any time within which such person is required in attendance at a public or private school, except at the public or private school in which such person is enrolled or at a school sponsored or authorized program, unless such person has been issued a written authorization by school authorities excusing him or her from school attendance during the time within which such person is in or upon any public place.
(d) In the following exceptional cases, a minor in or upon a public place during the hours and times established by subsections (b) and (c) hereof shall not be considered in violation of this section:
(1) When accompanied by a parent of such minor.
(2) When accompanied by an adult authorized by a parent of such minor to take the parent’s place in accompanying the minor for a designated period of time and purpose within a specified area.
(3) When 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. Such minor shall evidence the bona fides of such exercise by first delivering to the Police Department at 18688 Royalton Road, a written communication signed by such minor and countersigned, if practicable, by a parent of such minor with their home address and telephone number, addressed to the Director, specifying when, where and in what matter the minor will be in or upon any public place, during the hours when this section is otherwise applicable to the minor, in the exercise of a First Amendment right specified in such communication.
(4) In the case of reasonable necessity, but only after such minor’s parent has communicated to the Police Department personnel the facts establishing such reasonable necessity and designating the minor’s proposed located, route, purpose and the period of time the minor will be in or upon any public place of the Municipality.
(5) When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next-door neighbor and not communicating an objection to the police officer.
(6) When returning home from and within thirty minutes of the termination of a school activity, or an activity of a religious or other voluntary association, of which prior notice, indicating the place and probable time of termination, has been given in writing to, and duly filed for immediate reference by, the Director.
(7) When authorized, by special permit from the Director, carried on the person of the minor. When necessary activities of a minor may be inadequately provided for by the other provisions of this section, the Director may make a finding for the use of any public place by a minor upon receipt of a written application, signed by a minor and by a parent of such minor, if feasible. The application shall include:
A. The name, age and address of such minor;
B. The name, address and telephone number of a parent thereof;
C. The height, weight, sex, color of eyes and hair and other physical characteristics of such minor;
D. The necessity which requires such minor to remain in or upon any public place during the curfew hours otherwise applicable; and
E. The route and the beginning and ending of the period of time involved by date and hour.
Based upon the application, the Director may grant a permit in writing for the use by the minor of those public places at such hours as in the Director’s opinion may reasonably be necessary.
(8) When authorized, by regulation issued by the Director of Public Safety, in other similar cases of reasonable necessity, similarly handled but adapted to necessary activities of more minors than can readily be dealt with on an individual special permit basis. Normally such regulation by the Director of Public Safety permitting use of any public place should be issued sufficiently in advance to permit appropriate publication through news media and through other agencies such as the schools, and shall define the activity, the scope of the use of the public place permitted, the period of time involved not to extend more than thirty minutes beyond the time for termination of such activity.
(9) During times when the minor is employed pursuant to an age and schooling certificate issued by the superintendent of schools or other authorized official of a school district carries a certified card of employment, signed by the Director and briefly identifying the minor, the addresses of his home and place of employment and his hours of employment.
(10) Each of the foregoing exceptions, and their several limitations, such as provisions for notification, are severable.
(e) No parent having legal custody of a minor shall knowingly permit or by inefficient control, allow such minor to be or remain upon any public place under circumstances not constituting an exception to, or otherwise beyond the scope of this section. “Knowingly” includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent’s legal custody. It is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility. It shall, a fortiori, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor.
(f) Notwithstanding any other provision of this Section 636.13:
(1) No person under the age of eighteen years shall be or remain in or upon any public dance hall after 10:00 p.m. of any day unless accompanied by a parent or legal guardian.
(2) No person under the age of eighteen years shall be admitted to or allowed to remain in a public dance hall after 10:00 p.m. of any day unless accompanied by a parent or legal guardian.
(3) Every owner and operator of a public dance hall shall post a conspicuous sign at each entrance that reads: “it is a violation of Section 636.13(f) of the Strongsville Codified Ordinances for any person under the age of eighteen years to enter or remain at this location after 10:00 p.m., without a parent or legal guardian.
(g) Any minor child who violates any of the provisions of this section shall be referred to the Juvenile Court of Cuyahoga County for disposition under the laws in such cases made and provided.
(h) Whoever violates this section other than subsection (f)(2) or (3) is guilty of a minor misdemeanor for a first offense. If the offender has previously been convicted of a violation of this section, the offender shall be guilty of a misdemeanor of the fourth degree. Whoever violates subsection (f)(2) or (3) of this section is guilty of a misdemeanor of the first degree. Punishment shall be as provided in Section 698.02.
(Ord. 2006-113. Passed 5-15-06.)