(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHILD. Any unemancipated person under the age of 18 years.
PUBLIC PLACE. A place available to all or a certain segment of the public including, but not limited to, any place where the public is invited and is free to go upon special or implied invitation. It is specifically intended that PUBLIC PLACE shall include the interior of a vehicle if the vehicle is located at a public place.
(B) It is a violation of this section for a child 15, 16 or 17 years of age to be in a public place:
(1) Between 1:00 a.m. and 5:00 a.m. on Saturday and Sunday of each week;
(2) After 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday of each week; and
(3) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday of each week.
(C) It is a violation of this section for a child under 15 years of age to be in a public place after 11:00 p.m. or before 5:00 a.m. on any day.
(D) This section does not apply to a child who is:
(1) Accompanied by his or her parent, guardian or custodian;
(2) Accompanied by an adult specified to accompany him or her by his or her parent, guardian or custodian; and/or
(3) Participating in, going to, or returning from:
(a) Lawful employment;
(b) A school-sanctioned activity;
(c) A religious event; and/or
(d) An expressive or associational activity protected by either federal or state law, including, but not limited to, the free exercise of religion, freedom of speech and the right of assembly.
(E) It shall be a violation of this section for a parent, guardian or custodian to permit, suffer or allow a child under his or her care or custody to violate this section. It shall be a defense for any parent, guardian or custodian that another person was exercising visitation, pursuant to court order, during the time period that the violation occurred.
(F) Any person who violates this section shall be subject to fine, and the city shall be entitled to its reasonable attorney fees and other legal expenses incurred in enforcing this section.
(Ord. 850, passed 9-5-2000) Penalty, see § 10.99