(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRIVE OR RIDE AIMLESSLY. To drive or to ride as a passenger in or upon any public place by an unnecessarily circuitous route or to retrace the same route.
ESTABLISHMENT. Any privately owned place of business carried on for a profit, or any place of amusement or entertainment to which the public is invited.
MINOR. Any person under the age of 18 years.
OFFICIAL VILLAGE TIME. Eastern Standard Time.
OPERATOR. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment; whenever used on any clause prescribing a penalty, the term OPERATOR, as applied to associations or partnerships, includes the members or partners thereof, and as applied to a corporation, includes the officers thereof.
PARENT. Any natural parent of a minor, a guardian, or any adult person 21 years of age or over responsible for the care and custody of a minor.
PUBLIC PLACE. Any public street, highway, road, alley, park, playground, public building, or vacant lot.
REMAIN. To loiter, idle, wander, stroll, or play in or upon.
(B) Curfew hours; prohibited conduct; exceptions.
(1) No minor shall remain in or upon any public place or any establishment between the hours of 10:30 p.m. and 6:00 a.m. of the following day, official village time, except that on Fridays and Saturdays, the hours shall be from 12:00 midnight to 6:00 a.m.
(2) No minor enrolled in a public school shall remain in or upon any public place or establishment during the school hours of the minor’s school.
(3) No minor shall drive or ride aimlessly in an automobile, truck, or motorcycle between the hours of 10:30 p.m. and 6:00 a.m. of the following day, official village time, except that on Fridays and Saturdays, the hours shall be from 12:00 midnight to 6:00 a.m.
(4) Any school, church, lodge, or other organization that desires to hold any activity for minors under 18 years of age, and which activity shall require such minors be out at a later hour than provided in this section, shall make application to the Village Manager for permission to have the minors stay out to a later hour. The application shall state the time the activity will end, and the minors who attend such activity shall be required to be off the streets and public places one hour after the activity is ended.
(C) Parental responsibilities - curfew. No parent shall knowingly permit any minor to remain in or upon any public place or any establishment between the hours of 10:30 p.m. and 6:00 a.m. of the following day, official village time, except that on Fridays and Saturdays, the hours shall be from 12:00 midnight to 6:00 a.m.
(D) Owners’ and operators’ responsibilities. No operator of an establishment, or his or her agents or employees, shall knowingly permit any minor to remain upon the premises of such establishment between the hours of 10:30 p.m. and 6:00 a.m. of the following day, official village time, except that on Fridays and Saturdays, the hours shall be from 12:00 midnight to 6:00 a.m.
(E) Parental responsibilities - general.
(1) (a) A parent who has parental rights and responsibilities for the care of a minor and is the residential parent and legal custodian of such minor, a guardian who has custody of such minor, or other custodian of such minor, is charged with the control of the minor and shall have the power to exercise parental control and authority over the minor.
(b) It shall be unlawful for a parent, legal custodian, legal guardian, or other persons lawfully charged with the care of a minor to fail to supervise such minor.
(c) Parental responsibility to supervise such minor and exercise parental control with regard to such minor includes, but is not limited to, the following duties:
1. To keep illegal drugs out of the home and out of possession of such minor, except those drugs duly prescribed by a licensed physician or other authorized medical professional;
2. To keep firearms out of the possession of such minor, except those used for hunting in accordance with state law and with knowledge and supervision of a parent;
3. To exercise and have in place reasonable controls so as to prevent such minor from maliciously or willfully damaging, defacing, or destroying real or personal property belonging to others, including real or personal property of the village;
4. To exercise and have in place reasonable controls so as to prevent such minor from engaging in theft of property or keeping in his or her possession property known to be stolen; and
5. To exercise and have in place reasonable controls so as to prevent such minor from engaging in violent or assaultive behavior directed at persons.
(d) An adjudication that a minor has been found a “delinquent child”, as defined in R.C. § 2151.02 for criminal conduct other than that which would lead to a “status” crime violation, such as a curfew or truancy violation, or has been found guilty of a criminal conviction when such minor has been tried as an adult, shall be prima facie evidence that the parent or guardian failed to supervise the minor.
(2) This division (E) shall not apply to public children services agencies as defined in R.C. § 2151.011, or to foster parents.
(3) In a prosecution of a person for failing to supervise a minor under division (E)(1) of this section, it is an affirmative defense that the person:
(a) Is the victim of the act that brings the minor within the jurisdiction of the Juvenile Court;
(b) Reported the act to the appropriate authorities; or
(c) Is charged with the parental control and authority over a minor who is a “mentally retarded person” or a “developmentally disabled person” as these terms are defined in R.C. § 5321.01.
(F) Defenses.
(1) It is a defense to prosecution under this section 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 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;
(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) It is a defense to prosecution under division (D) that the owner, operator, or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(G) Enforcement and penalties.
(1) Any police officer who finds a minor violating any provisions of division (B) of this section shall obtain information from such minor as to his or her name, address, age, and the name of his or her parent or parents. The minor shall thereupon be instructed to proceed to his or her home forthwith. A written notice shall then be mailed by the Chief of Police to the parent or parents of the minor advising of the violation of division (B).
(2) Any parent who shall violate any provision of division (C) of this section, after having received notice of a prior violation as provided in division (G)(1) of this section, shall be fined not more than $100, together with costs.
(3) Any operator of an establishment, and any agents or employees of any operator, who shall violate the provisions of division (D) of this section shall be fined not more than $100, together with costs.
(4) (a) Whoever violates division (E) of this section is guilty of failing to supervise a minor.
(b) Upon first conviction, the offender shall be subject to a fine of up to $250 and/or ordered to perform community service.
(c) The fine and/or community service will be suspended if the offender completes a parenting training class designated by the village. In addition to any fine or order imposed pursuant to this section, the court may order the offender to make restitution to any victim of the minor’s conduct.
(d) The amount of restitution shall not exceed the statutory liability for parents established in R.C. § 3109.09 and R.C § 3109.10.
(5) Each violation of any provision of this section shall constitute a separate offense.
(Ord. 450, passed 10-16-1973; Ord. 97-139, passed 6-16-1997)