A. Definitions: For purposes of this section:
EMERGENCY: An unforeseen circumstance or circumstances or the resulting situation that calls for immediate action to prevent serious bodily injury or loss of life. The term includes, but is not limited to, a fire, a natural disaster or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT: Any privately owned place of business to which the public is invited, including, but not limited to, any place of amusement, entertainment or recreation.
LOITER: To idle, linger, wander, stroll, walk, drive or ride aimlessly about.
MINOR: Persons under the age of eighteen (18).
PUBLIC PLACE: 1. Any out of door area to which the public or a substantial group of the public has access, including, but not limited to, public streets, open private streets, highways, sidewalks, alleys, parks, playgrounds, public buildings and appurtenant open spaces and parking lots, open vacant lots or other public places.
2. The out of door common areas of establishments, including, but not limited to, entryways and parking lots.
REMAIN: To linger or stay, or fail to leave a public place when requested to do so by a police officer or the person in control of the public place.
B. Enforcement:
1. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place.
2. The officer shall not take enforcement action under this section unless the officer has probable cause to believe that no exemption under subsection D of this section applies.
C. Curfew Established; Responsibility Of Parents, Guardians:
1. Under Sixteen: It is unlawful for any minor under the age of sixteen (16) to loiter or remain in any public place within the city between the hours of eleven o'clock (11:00) P.M. and five o'clock (5:00) A.M. of the following day, except as provided under subsection D of this section.
2. Sixteen Or Older: It is unlawful for any minor sixteen (16) years or older to loiter or remain in any public place within the city between the hours of one o'clock (1:00) A.M. and five o'clock (5:00) A.M., except as provided under subsection D of this section.
3. Parents, Guardians: It is unlawful for any parent, guardian or other person having legal care and custody of any minor dealt with respectively in subsections C1 and C2 of this section to allow or permit any such minor to remain or loiter in any public place, except as provided in subsection D of this section.
D. Exemptions: A minor under the age of eighteen (18) shall not be in violation of this section if, at the time the minor was stopped by a police officer, the minor was:
1. A minor, fourteen (14) years or older, emancipated by marriage;
2. Accompanied by the minor's parent, guardian or other adult person having the care, custody or supervision of said minor;
3. In a motor vehicle involved in interstate travel;
4. On an errand at the direction of the minor's parent or guardian, without detour or stop;
5. Acting in response to an emergency;
6. On a sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence;
7. Engaged in a lawful employment activity or going to or returning from such an employment activity without any detour or stop; or
8. Returning home from, going to or being in attendance at any religious or school function, organized dance, theater, sport event or other such associational activity; provided, however, that going to or from such activity shall be by a direct route and within a reasonable time of the commencement or termination of such event. (Ord. 207-12, 6-19-2012)