(A) Restrictions to minors. It shall be unlawful for any person under the age of 18 years to be in or upon the streets, alleys, or any unoccupied public or private place within the limits of the city, or to enter or be or remain in any motion picture theater, confectionery store, dance hall, pool hall, or any other place of entertainment or business within the hours of 10:00 p.m. and 5:00 a.m. (official local time), except on Friday and/or Saturday nights, or between the hours of 12:30 a.m. and 5:00 a.m. on Friday and Saturday nights, unless such minor person is then and there accompanied by at least one of his or her parents, by his or her guardian, or by some other person having the legal custody of such minor person.
(B) Exceptions.
(1) Situational exceptions and travel. It is that the minor was:
(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 city, 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 city, 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.
(2) Written permit.
(a) Any parent, guardian, or other person having the legal custody of any such minor child may give a written permit to such child to go upon any lawful and necessary errand or to go to and to return from any place at which such child may be employed, at any time of the day or night, and such permit, when in the possession of such child, shall be an excuse and justification for such child being upon such streets or alleys.
(b) Any such minor child upon the streets or alleys of the city between the hours provided by division (A) above shall have such written permit upon his or her person and in his or her possession for the inspection of any police officer of the city. Any such permit given to such child shall be made and dated as of the date of the use thereof, and no such permit shall be of any force or effect except for or during the day of its issuance.
(c) It is hereby made the duty of the police or other peace officers of the city to take up any and all such permits which do not conform with the provisions of this chapter and thereupon to arrest the child having such permit in his or her possession.
(C) Violation. Any child violating the provisions of this chapter shall be and hereby is defined as and declared to be a juvenile delinquent person, and shall be arrested and proceeded against and dealt with as provided by the general laws of the state relating to juvenile delinquent persons.
(Prior Code, § 5-3-1)
(D) Parental responsibility. It shall be unlawful for any parent, guardian or other person having the legal care and custody of any such minor child to allow such child to go or to be in or upon any of the streets, alleys, or unoccupied public or private places within the city, or to attend or to be present in or at any motion picture theater, dance hall, pool hall, confectionery store, or any other place of entertainment or business within the city between the hours specified in divisions (A), (B), and (C) above, unless such child is accompanied by such parent, guardian, or other person having the legal custody of such child, or unless such child is then and there engaged in the performance of a lawful and necessary errand and is in possession of a written permit, as herein provided. Such parent, guardian, or other person having legal care and custody of any such minor child shall be arrested and proceeded against and dealt with as provided by the general laws of the state relating to parental responsibilities.
(Prior Code, § 5-3-2)
(E) Business operator’s responsibility. It shall be unlawful for any owner, proprietor, clerk, or other person in charge of any motion picture theater, dance hall, pool hall, confectionery store, or any other place of entertainment or business within the said city to knowingly, willfully, or negligently admit any such minor person to such motion picture theater, dance hall, pool hall, confectionery store, or any other place of entertainment or business within the city or to permit any such minor person to remain therein or thereat at any time between the hours specified in divisions (A), (B), and (C) above, unless such child is then and there accompanied by at least one of his or her parents, by his or her guardian, or by some other person who has the legal custody of such minor child, or unless such child is then and there in possession of a permit as provided by divisions (B) and (C) above. Such owner, proprietor, clerk, or other person in charge shall be guilty of a misdemeanor and shall be punishable in accordance with divisions (A), (B), and (C) above.
(Prior Code, § 5-3-3)
(F) Police to make arrests. Each member of the police force of the city, whenever on duty, is hereby authorized, and it shall be his or her duty, to arrest any person who shall knowingly, willfully, or negligently violate any of the provisions of this chapter.
(Prior Code, § 5-3-4)
(G) Violation. Any adult person who shall knowingly, willfully, or negligently violate any division or provision of this section, either by doing that which is forbidden hereby or by failing to do that which is required hereby, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be subject to penalty as provided in § 10.99 of this code of ordinances.
(Prior Code, § 5-3-5)
(Ord. 350, passed 9-14-1959; Ord. 375, passed 1-9-1967; Ord. 393, passed 4-13-1970) Penalty, see § 10.99