The following circumstances are hereby established as affirmative defenses to any criminal or civil proceedings for any violation of this subchapter:
(A) The minor was:
(1) Accompanied by the parent or guardian thereof; or
(2) In a motor vehicle in the course of interstate travel; or
(3) Engaged in any employment activity, or going to or returning home from any employment activity, without any detour or stop; or
(4) Involved in an emergency; or
(5) On the sidewalk abutting the residence of the minor, or abutting the residence of a next door neighbor, without any complaint by the next door neighbor to the local law enforcement agency about the presence of the minor thereon; or
(6) Attending any school or religious activity, or any recreational activity supervised by adults and sponsored by either the city, a civic organization, or other similar entity that takes responsibility for the minor, or going to or returning home from any such activity, without any detour or stop; or
(7) Exercising any rights secured and protected by the first amendment to the United States Constitution, such as the free exercise of religion, freedom of speech and the right of peaceable assembly; or
(8) Married or otherwise emancipated.
(B) The owner, operator or employee of an establishment has promptly notified the local law enforcement agency that the minor was present on the premises during curfew hours and refused to leave.
(Ord. 2004-09, passed 12-13-04)