(A) For the purposes 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, or, as may be otherwise phrased, any person of the age of 17 years or under.
(2) PARENT. Any person having legal custody of a minor: As a natural or adoptive parent; as a legal guardian; or as a person to whom legal custody has been given by custody of the Court.
(3) REMAIN. To stay behind, to tarry, or to stay unnecessarily upon or in any public assembly, building, place, street, or highway.
(4) ALLOW. Either permit or neglect to refrain or prevent. It requires actual or constructive knowledge on the part of the parent or guardian, that is that the parent or guardian must actually know about the child actually violating this section, or the circumstances must be such that a reasonably prudent parent or guardian should have known the child was violating this section.
(B) (1) It shall be unlawful for a minor to remain or be in a public place after 11:00 p.m. and before 6:00 a.m. on any week day (Sunday through Thursday evenings) or after Midnight and before 6:00 a.m. on any weekend day (Friday night/Saturday morning or Saturday night/Sunday morning).
(2) It shall be unlawful for any parent or guardian having legal custody of a minor to allow such a minor to be or to 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 (B)(3).
(3) In the following exceptional cases a minor in or upon any public assembly, building, place, street or highway in the city after 11:00 pm. and before 6:00 a.m. on week day (Sunday through Tuesday evenings) or after Midnight and before 6:00 a.m. on any weekend day (Friday night/Saturday morning or Saturday night/Sunday morning) shall not be considered in violation of this section:
(a) When the minor is accompanied by a parent as defined above in division (A)(2), including legal guardian;
(b) 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 the parent or guardian of such minor is in the possession of such minor specifying when, where, and in what manner said minor will be exercising such First Amendment rights;
(c) In case of reasonable necessity but only after such minor's parent has communicated to the police department the facts establishing such reasonable necessity;
(d) When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next-door neighbor who has not communicated an objection to a police office or the Police Department;
(e) When returning home, by a direct route from, and within one 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 said event can be given to any investigating officer of the Police Department;
(f) When authorized by regulation issued by the Mayor in cases of reasonable necessity involving more minors than may reasonably be dealt with on an individual basis. Such regulation should be issued sufficiently in advance to permit publicity through news media and through other agencies such as the schools. The regulation shall define the activity, the scope of the use of the public assembly, building, place, street, or highway permitted, and the period of time involved not to extend more than one hour beyond the time for termination of the activity, and the reason for finding that such regulation is reasonably necessary. The Mayor shall notify the Police Department of said information;
(g) When engaged in a business or occupation which the laws of this state authorize a person under 18 years of age to perform;
(h) 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 location to another either within or out of the city, including all minors that may also be within the vehicle.
(C) (1) A police officer upon finding or being notified of any minor in or upon any public assembly, building, place, street, or highway reasonable believed to be in violation of this section, shall follow the duties of a police officer set forth in KRS 610.200 through 610.280 which governs the taking or receiving of a child into custody on a charge of committing an offense. All other provisions of the State Unified Juvenile Code shall apply.
(2) A police officer upon finding or being notified of any minor in or upon any public assembly, building, place, street, or highway whose parent is believed to be in violation of this section shall confront such minor and request such information as his or her name, age, address of his or her parent or legal guardian.
(Ord. 1996-004, passed 5-13-96; Am. Ord. 1997.008, passed 4-14-97) Penalty, see § 130.99