(a) Offenses.
(1) No minor shall remain in any public place, on the premises of any establishment within the City, or on or around vacant lots or vacant private property during curfew hours. "Curfew hours" shall mean: 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and 12:00 midnight on any Friday or Saturday until 6:00 a.m. the following day.
(2) No parent or guardian of a minor shall knowingly permit, or by insufficient exercise of control allow, the minor to violate division (a) of this section, except as specifically permitted by this section.
(3) No owner, operator or employee of an establishment shall knowingly allow a minor to remain upon the premises of the establishment during curfew hours.
(4) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor per Section 698.02. Any subsequent offense within a twelve-month period shall be a misdemeanor of the fourth degree.
(b) Exceptions. The provisions of this section shall not apply in any of the following circumstances:
(1) The minor is accompanied by the minor's parent or guardian;
(2) The minor was on an errand at the direction of the minor's parent or guardian without any detour or stop;
(3) The minor is in a motor vehicle involved in interstate travel;
(4) The minor is involved in lawful employment activity, or traveling to or from such employment activity, without detour or stop;
(5) The minor is involved in an emergency;
(6) The minor is 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 about the minor's presence;
(7) The minor is attending an official school, religious or other recreational activity supervised by adults and sponsored by a governmental entity, a civic organization or some other similar entity that takes responsibility for the minor, or going to or returning from such activity, without any detour or stop;
(8) The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion and freedom of speech; or
(9) The minor has been emancipated.
(c) Defense to Prosecution. It shall be a defense to prosecution under division (a) of this section that the owner, operator or employee of an establishment promptly notified the police that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(Ord. 09-2004. Passed 4-15-04; Ord. 19-2012. Passed 9-20-12.)