(A) It is unlawful for a person less than 18 years of age to be present at or upon any public assembly, building, place, street or highway at the following times:
(1) Between 10:30 p.m. Friday and 6:00 a.m. Saturday;
(2) Between 10:30 p.m. Saturday and 6:00 a.m. Sunday; and
(3) Between 10:00 p.m. Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
(B) A citation for violation of division (A) of this section may be issued by a police officer only if the officer reasonably believes that a violation has occurred and none of the defenses enumerated in this division (B) apply. It is a defense to a violation under this section that the person engaged in the prohibited conduct while:
(1) Accompanied by the minor's parent or guardian, or another responsible companion at least 21 years of age approved by a parent or legal guardian;
(2) On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in any employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) 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;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the village, 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 village, a civic organization, or another similar entity that takes responsibility for the minor;
(8) 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
(9) Married or had been married or had the disabilities of minority removed in accordance with state law.
(C) Any parent or guardian allowing such child under the age of 18 years of age to be on the streets after said hours, without a valid defense as enumerated in division (B) of this section, may be fined as provided by § 130.99.
(1975 Code, § 21-141) (Ord. 2022-11-16A, passed 11-16-2022)
Penalty, see § 130.99