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(A) (1) It shall be unlawful for any person under the age of eighteen (18) to be or remain in or upon any public assembly, building, place, street or highway within the city at night during the following periods;
(a) The hours between 12;00 a.m. prevailing time and 6:00 a.m. prevailing time, on any Monday, Tuesday, Wednesday, Thursday and Friday; and
(b) The hours between 12:30 a.m., prevailing time, and 6;00 a.m., prevailing time, on any Saturday or Sunday.
(2) It shall be unlawful for any parent or guardian having legal custody of a minor to allow such minor to be or remain in or upon a public assembly, building, place, street or highway in the city under circumstances not constituting an exception as enumerated in division (C) below during the time periods contained in division (B)(1) above.
(B) In the following exceptional cases, a minor in or upon any public assembly, building, place, street or highway in the city during the nocturnal hours provided for in division (B) above shall not be considered in violation of this section:
(1) When the minor is accompanied by a parent or guardian;
(2) When accompanied by an adult authorized by a parent or guardian of the minor;
(3) 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, provided that written notice signed by the minor and countersigned by a parent is in the possession of the minor specifying when, where and in what manner the minor will be exercising First Amendment rights;
(4) In case of reasonable necessity, including the carrying out an errand or other lawful activity as directed by his parent, guardian or custodian;
(5) When the minor is on the sidewalk of the place where the minor resides or on the sidewalk of either next-door neighbor who has not communicated an objection to a police officer or the Police Department;
(6) When returning home by a direct route from and within one (1) hour of the termination of a school activity or any activity of a religious or other voluntary association, provided that justification indicating the place and time of termination of the event can be given to any investigating officer of the Police Department;
(7) Married or otherwise emancipated;
(8) When engaged in a business or occupation which the laws of the state authorize a person under eighteen (18) years of age to perform;
(9) When the minor is, with parental consent, in a motor vehicle with a lawfully authorized driver; and/or
(10) When the minor, who is a duly authorized and licensed driver, is operating a motor vehicle within the city for the purpose of passing through, by direct route, from one (1) location to another either within or out of the city, including all minors that may also be within the vehicle;
(11) Involved in an emergency.
(Ord. 2016-9, passed 8-17-2016)