Sec. 11-34(1). Definitions. As used in this section:
(a) Juvenile is any person who has not yet reached eighteen (18) years of age.
(b) Parent is any natural, adoptive, or step-parent of a juvenile.
(c) Guardian is any person, other than a parent, who has legal guardianship of a juvenile; or any person over eighteen (18) years of age who has been authorized by a parent or legal guardian to have temporary care and custody of a juvenile.
(d) Emancipated minor is any juvenile who is married, serving in the military, or is otherwise legally recognized as emancipated.
(e) Emergency is an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term "emergency" includes, but is not limited to, a fire, natural disaster, automobile accident, or any situation that requires immediate action to prevent serious bodily injury or loss of life or property.
(f) Establishment is any privately-owned place of business, and all property appurtenant thereto, to which the public or a substantial portion of the public is invited, including, but not limited to, any place of amusement or entertainment.
(g) Public place is any place to which the public or a substantial portion of the public has access and includes, but is not limited to, streets, sidewalks, alleys, rights-of-way, parks, playgrounds, or government buildings or facilities; vacant lots; and the common and/or parking areas of government buildings and facilities, schools, hospitals, apartment homes and complexes, office buildings, shops, malls, and other establishments.
(h) Residence is the dwelling house or usual place of abode of a juvenile and his parent or legal guardian.
Sec. 11-34(2) Curfew--Juveniles under age 16. It is unlawful for any juvenile, prior to his sixteenth birthday, to be present in, about or upon any public place or establishment in the city between the hours of 10:00 p.m. and 5:00 a.m. of the following day.
Sec. 11-34(3) Curfew--Juveniles age 16 and older. It is unlawful for any juvenile, on or after his sixteenth birthday to be present in, about or upon any public place or establishment in the city between the hours of 12:00 midnight and 5:00 a.m. of the following day.
Sec. 11-34(4). Parental responsibility. It is unlawful for the parent or guardian of any juvenile to permit, or by insufficient control allow, the juvenile to be present in, about or upon any public place or establishment in the city in violation of this section.
Sec. 11-34(5). Exceptions. The provisions of this section shall not apply to any juvenile who:
(a) Is accompanied by his parent or guardian;
(b) Is an emancipated minor;
(c) Is involved in an emergency;
(d) Has permission from his parent or guardian to travel to, or be in or at, a specific public place or establishment for a reasonable, legitimate and specific purpose;
(e) Is exercising First Amendment rights protected by the United States Constitution, including free exercise of religion, speech, and assembly.
(f) Is engaged in interstate travel;
(g) Is attending, or travelling to or returning from, an official school, religious or other civic or recreational event supervised by adults and sponsored by a governmental entity, a civic organization, or another similar entity that takes responsibility for the juvenile;
(h) Is engaged in employment activity, or travelling to or returning from such activity; or
(i) Is on the sidewalk immediately abutting the juvenile's residence.
Sec. 11-34(6). Enforcement of provisions of this section. Before taking any enforcement action under this section, a police officer shall attempt to ascertain the apparent offender's age and reason for being in the public place or establishment.
(1953 Code, ch. 18, § 25; Ord. No. 3224, § 1, 3-10-69; Ord. No. 9182, § 3, 1-4-99)