(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) MINOR. Any person under the age of 18 years.
(2) MOTOR VEHICLE. Any vehicle as defined in R.C. § 4511.01(B).
(3) PARENT. Any person having legal custody of a minor:
(a) As a natural or adoptive parent;
(b) As a legal guardian;
(c) As a person who stands in loco parentis; or
(d) As a person to whom legal custody has been given by order of the court.
(4) REMAIN. To stay behind, to tarry, and to stay unnecessarily upon the streets; including the congregating of groups in which any minor involved would not be using the streets for ordinary or serious purposes, such as mere passage or going home. To implement that thought with additional precision and precaution, numerous exceptions are expressly defined in division (C), so that this is not a mere prohibitory or presence-type curfew provision.
(5) STREET. Any way open for the use of the public as defined in R.C. § 4511.01(BB), including, but not limited to, the traffic lanes, the curb, the grass plots, or other grounds found within the legal right-of-way.
(B) Curfew hours. It shall be unlawful for any minor to be or remain in or upon the streets within the city at night between the hours of 12:00 a.m. and 5:00 a.m.
(C) Exceptions. Any minor shall not be subject to the curfew if any of the following apply:
(1) When accompanied by his or her parent.
(2) When accompanied by an adult authorized by the parent of the minor to take the parent's place in accompanying the minor for a designated period of time and purpose within a specified area.
(3) In case of reasonable necessity.
(4) When the minor is on the sidewalk in front of his or her residence.
(5) When 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.
(6) When returning home, by a direct route, from a school activity, or an activity of a religious or other volunteer association.
(7) When going to or coming from the place of employment by a direct route.
(8) When riding in a train through the city.
(9) When riding in a motor vehicle with a parent or person authorized by the minor's parent.
(D) Procedure. Any police or law enforcement officer who finds a minor apparently violating this section shall obtain from the minor information concerning his or her name, age, address, and the name of his or her parent, guardian, or custodian. The parent, guardian, or custodian shall immediately be notified to come for the minor.
(E) Responsibility of parents. No parent shall knowingly permit any minor to remain in or upon any street contrary to the provisions set forth in this section.
(F) Continuing evaluation. The City Council will continue its evaluation and updating of this curfew section.
(G) Penalty. Any person found in violation of this section shall be guilty of a misdemeanor of the fourth degree.
(1981 Code, § 132.16) (Ord. 6127-86, passed 5-12-1986) Penalty, see § 130.99