(A) Generally. It shall be unlawful for any minor under the age of 17 years to ride in or operate any vehicle upon any street, alley or other public place, or to loiter, congregate or remain upon any street, alley or other public place between the hours of 12:00 a.m. of any day and 5:00 a.m. of the following day unless:
(1) Accompanied by a parent, guardian or other adult person having the care, custody or control of the minor; or accompanied by an adult authorized by a parent, guardian or other adult having the care or custody of such minor person to take said persons place in accompanying said minor for a designated period of time and for purpose;
(2) The minor person is engaged in lawful employment;
(3) The minor person is upon an emergency errand or legitimate business as directed by his or her parent, guardian or other adult person having the care or custody of such minor person;
(4) The minor person is upon the sidewalk or property where minor resides;
(5) The minor person is with parental consent engaged in normal interstate travel through the village; or
(6) The minor is married or emancipated.
(B) School, church, public entertainment or other special function. When activities of the kind normally attended by minors, such as a movie, play or sporting event or any such activity of a kind normally attended by minors under the age of 17 years, terminates after or less than one hour prior to 12:00 a.m., the curfew shall commence one hour after termination of such activity. Whenever it is known in advance that such minor must be out beyond the curfew hour for one of the exceptions listed in this section, the parent or employer, whichever is applicable, shall provide the minor with written permission for the minor to be out beyond the curfew hour.
(C) Responsibility of parent or guardian. It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of 17 years to allow or permit such minor person to do any of the things or acts prohibited by this section.
(D) Custody. Any minor child taken into custody for a violation of this section shall be taken to the County Sheriff’s office and the parent, guardian or legal custodian shall be notified to come to the County Sheriff’s office and take personal charge of the minor child. The minor child shall be released only to such parent, guardian or legal custodian or to juvenile authorities if such parent, guardian or legal custodian state that the minor child cannot be controlled or if said individuals cannot be located.
(E) Proceedings against minors or parent or guardian. No minor child arrested under the provisions of this section shall be incarcerated until he or she has been taken home, parents, guardians or legal custodians have been notified and the arresting officer has ascertained whether or not such minor person is within the control of his or her parents, guardian or legal custodian. If such parent, guardian or legal custodian states that such minor cannot be controlled by him or her, the minor may be proceeded against.
(Prior Code, § 6-325) Penalty, see § 131.99