(a) Definitions. As used in this section:
(1) “Custodian” means any person over seventeen years of age who is in loco parentis to a minor.
(2) “Guardian” means any person other than a parent who has legal guardianship of a minor.
(3) “Minor” means any person seventeen years of age or under.
(4) “Parent” means the natural or adoptive parent of a minor.
(5) “Public place” means any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. “Public place” includes, but is not limited to, any store, shop, restaurant, tavern, bowling alley, café, theater, drug store, pool room, shopping center and other place devoted to amusement or entertainment of the general public. It also includes the front or immediate area of any such place.
(b) Hours. No minor shall remain, idle, wander, stroll or play in any public place, or cruise about without a set destination in any vehicle in, about or upon any place in the City, between 12:00 midnight and 5:00 a.m Monday through Friday, and between 1:00 a.m. and 5:00 a.m. Saturday and Sunday, unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor, or unless the minor is on an emergency errand, special business or activity directed or permitted by his or her parent, guardian or other person having the care and custody of the minor, or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation. It is prima-facie evidence of a violation of this section if a minor is found on the streets, sidewalks, public property or private property in the City after the restricted hours.
(c) Parental Responsibility. No parent, guardian or other adult person having custody or control of any minor shall suffer or permit, or by inefficient control allow, such minor to be on the streets or sidewalks or on or in any public property or public place in the City between 12:00 midnight and 5:00 a.m. Monday through Friday, and between 1:00 a.m. and 5:00 a.m. Saturday and Sunday. However, this subsection does not apply to a minor accompanied by his or her parent, guardian, custodian or other adult person having the care, custody or control of the minor, or to a minor on an emergency errand, specific business or activity directed by his or her parent, guardian, custodian or other adult having care and custody of the minor, or if the parent, guardian or other adult person has made a missing persons notification to the Police Division. It is prima-facie evidence of a violation of this section that the parent, guardian or other adult person having custody or control of a minor suffered or permitted, or by inefficient control allowed, a minor to be on the streets or sidewalks or on or in any public property or public place in the City during the restricted hours if such minor is found in a location after restricted hours without lawful authority as described in this subsection or in division (d) of this section.
(d) Special Functions. Any minor attending a special function or entertainment of any church, school, club or other organization, or participating in an activity with his or her parents’ knowledge that requires such minor to be out at a later hour than that called for in division (b) of this section, shall be exempt from division (f) of this section.
(e) Procedure.
(1) Any police officer, upon finding a minor in violation of division (b) of this section, shall ascertain the name and address of such minor, shall warn the minor that he or she is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the Juvenile Officer of the Police Division, who in turn shall notify the parent, guardian or person having custody or control of such minor.
(2) If such minor refuses to heed such warning or direction by any police officer or refuses to give such police officer his or her correct name and address, or if the minor has been warned on a previous occasion that he or she is in violation of the curfew, he or she shall be taken to the Police Division and the parent, guardian or other adult person having the care or custody of such minor shall be notified to come and take charge of the minor. If the parent, guardian or other adult person cannot be located or fails to come and take charge of the minor, the minor shall be released to the juvenile authorities.
(f) Penalty.
(1) Any minor who violates any of the provisions of this section shall be dealt with in accordance with the Juvenile Court law and procedure.
(2) Any parent, guardian or other person having the care and custody of a minor who violates this section, after having been previously notified under division (e) of this section, is guilty of a minor misdemeanor.
(Ord. 80-18. Passed 11-3-80.)