(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS. 12:00 midnight until 5:00 a.m. on Friday and Saturday nights. 11:00 p.m. until 5:00 a.m. of the following morning Sunday through Thursday.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT. Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to any place of amusement or entertainment.
GUARDIAN.
(a) A person who, under court order, is the guardian of the person of a minor; or
(b) A public or private agency with whom a minor has been placed by a court.
MINOR. Any person under 16 years of age.
OPERATOR. Any individual, firm, association, partnership or corporation operating, managing or conducting an establishment. The term includes the members or partners of an association or partnership and the offices of a corporation.
PARENT. A person who is:
(a) A natural parent, adoptive parent or step-parent of another person; or
(b) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
REMAIN.
(a) Linger or stay; or
(b) Fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.
SERIOUS BODILY INJURY. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(B) Restrictions.
(1) It shall be unlawful for any minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(2) It shall be unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours. The term “knowingly” includes knowledge which a parent or guardian should reasonably be expected to have concerning the whereabouts of a minor in the legal custody of that parent or guardian.
(3) It shall be unlawful for any owner, operator or employee of an establishment to knowingly allow a minor to remain upon the premises of the establishment during curfew hours.
(C) Exceptions. The provisions of this section shall not apply in the following situations:
(1) To a minor accompanied by his or her parent or guardian, or other adult person having the primary care and custody of the minor;
(2) To a minor who is upon an emergency errand at the direction of his or her parent, guardian, or other adult person having the primary care and custody of the minor;
(3) To a minor who is in any of the places described in this section if in connection with or as required by an employer engaged in a lawful business, trade, profession or occupation; or to a minor traveling directly to or from the location of the business trade, profession or occupation and the minor's residence; (Minors who fall within the scope of this exception shall carry written proof of employment and proof of the hours the employer requires the minor's presence at work.)
(4) To a minor who is participating in or traveling directly to or from an event which has been officially designated as a school activity by public or parochial school authorities; or who is participating in or traveling directly to or from an official activity supervised by adults and sponsored by the city, a civic organization, school, religious institution or similar entity that takes responsibility for the minor and with the permission of the minor's parent, guardian or other adult person having the primary care and custody of the minor;
(5) To a minor who is passing through the city in the course of interstate travel during the hours of curfew;
(6) To a minor who is attending or traveling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly or freedom of religion;
(7) To minors on the sidewalk abutting his or her residence or abutting the residence of a next-door neighbor if the neighbor does not complain to the city's designated law enforcement provider about the minor’s presence; and/or
(8) To a minor who is married or has been married, or is otherwise legally emancipated.
(D) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in division (C) above. Any lawfully designated police officer is authorized to arrest without or with warrant any person or persons under the age of 18 years violating the provisions of this section and shall make every attempt to notify, as soon as reasonably possible, the parents, guardian or person having lawful custody of any minor so arrested.
(E) Curfew established. No person under the age of 18 years shall be on or present in any public street, avenue, alley, park or other public place, or any playground or place open to the public, or place of amusement and entertainment or vacant lot, or any private premises other than those upon which his or her usual place of residence is located, without the knowledge, consent and approval of the owner or person in charge of, or responsible for, the private property between the hours of 12:00 midnight and 5:00 a.m. of the following day on Friday and Saturday nights, and on every other night, between the hours of 11:00 p.m. and 5:00 a.m. of the following morning, official city time. Persons under the age of 16 shall be similarly restricted from the hours of 10:00 p.m. to 5:00 a.m. of the following day each day of the week.
(F) Parental responsibility. No parent, guardian or other person having the lawful care, custody or control of any person under the age of 18 years shall allow or permit such person or persons to violate the provisions of this section.
(G) Proprietor responsibility.
(1) This section shall not be construed as permitting the presence at any time of any person under the age of 18 years in any place where his or her presence is now prohibited by any existing law or ordinance.
(2) Whenever the owner or person in charge or in control of any place of amusement, entertainment, refreshment or other place of business shall find persons under the age of 18 years loitering, loafing or idling in such place of business, in violation of any ordinance of this municipality, he or she shall immediately order such person to leave and if such person refuses to leave the place of business, the operator shall immediately notify the Police Department and inform them of the violation.
(H) Evidence. The fact of minors under the age of 18 not accompanied by parent, guardian or other person having legal custody of the minor and not meeting the exclusion of this section, being found upon any street, alley or public place or any other place as hereinafter set forth, during hours established in § 132.01, shall be prima facie evidence that the minor is there unlawfully and that no reasonable necessity or lawful excuse exists therefore.
(`86 Code, § 8.30) (Am. Ord. 655, passed 8-2-94; Am. Ord. 741, passed 1-18-00; Am. Ord. 854, passed 9-7-04) Penalty, see § 132.99