(A) Curfew of minors.
(1) No minor under the age of 16 years shall loiter, idle, or congregate in or on any public street, highway, alley, or park, or to remain in any business establishment within the limits of the village, between the hours of 10:00 p.m. and 6:00 a.m., unless the minor is accompanied by a parent or guardian, or some adult delegated by the parent or guardian to accompany the child.
(2) No minor of the age of 16 or 17 years shall loiter, idle, or congregate in or on any public street, highway, alley, or park, or to remain in any business establishment within the limits of the village, between the hours of 12:00 a.m. midnight and 6:00 a.m., unless the minor is accompanied by a parent or guardian, or some adult delegated by the parent or guardian to accompany the child or where the minor is upon an errand or other legitimate business directed by his or her parent or guardian.
(2005 Code, § 105.001)
(B) Responsibilities and exceptions.
(1) Responsibility of parents. It shall be unlawful for any parent, guardian, or other person having the legal care and custody of any minor person of the age of 17 years or under to allow or permit any such child, ward, or other person of such age, while in his or her legal custody, to be unaccompanied in or upon any street, alley, park, or other public place within the limits of the village, or to be or remain in any business establishment within the limits of the village during the hours prohibited in division (A) above.
(2005 Code, § 105.002)
(2) Responsibility of business operator. It shall be unlawful for the operator of any business establishment, either himself or herself or his or her employees or agents to permit any person to be or remain in such business establishment in violation of division (A) above.
(2005 Code, § 105.002a)
(3) Exceptions.
(a) Accompanied by the minor’s parent or guardian;
(b) On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(c) In a motor vehicle involved in interstate travel;
(d) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(e) Involved in an emergency;
(f) 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 department about the minor’s presence;
(g) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the village, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the village, a civic organization, or another similar entity that takes responsibility for the minor;
(h) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(i) Married or had been married or had disabilities of minority removed in accordance with state law.
(2005 Code, § 105.002b)
(C) Places of amusement and entertainment. It shall be unlawful for any person, firm, or corporation operating places of amusement and entertainment to permit any minors to enter or remain in such places of amusement and entertainment during the hours prohibited under this section; provided, however, that the provisions of the section do not apply when the minor is accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor.
(2005 Code, § 105.003)
(D) Violations; separate offense. Each violation of the provisions of divisions (A), (B), and (C) above shall constitute a separate offense.
(2005 Code, § 105.004)
(E) Delinquent or neglected child. Any such minor violating the provisions of the division (A) above shall be deemed as a delinquent or neglected child as defined in the state statutes.
(2005 Code, § 105.005)
(F) Effective date. This section shall take effect 20 days from publication thereof, and being passed by the Village Council.
(Ord. 3-59, passed 3-9-1959; Ord. 4-95, passed 5-17-1995) Penalty, see § 130.99