(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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, the parent or guardian must actually know about the child violating this section, or the circumstances must be such that a reasonable, prudent parent or guardian should have known the child was violating this section.
MINOR. Any person under the age of 18, or, as may be otherwise phrased, any person of the age of 17 or under.
PARENT. Any person having legal custody of a minor:
(1) As a natural or adoptive parent;
(2) As a legal guardian;
(3) As a person who stands in loco parentis; or
(4) As a person to whom legal custody has been given by order of the court.
REMAIN. To stay behind, to tarry or to stay unnecessarily upon or in any public assembly, building, place, parking lot, street or highway.
(B) Curfew times.
(1) It shall be unlawful for any person under the age of 18 to be or remain in or upon any public assembly, building, place, parking lot, street or highway within the city at night during the following periods:
(a) 11:00 p.m. Monday to 6:00 a.m. Tuesday;
(b) 11:00 p.m. Tuesday to 6:00 a.m. Wednesday;
(c) 11:00 p.m. Wednesday to 6:00 a.m. Thursday;
(d) 11:00 p.m. Thursday to 6:00 a.m. Friday;
(e) 12:00 a.m. Friday to 6:00 a.m. Saturday;
(f) 12:00 a.m. Saturday to 6:00 a.m. Sunday; and
(g) 11:00 p.m. Sunday to 6:00 a.m. Monday.
(2) It shall be unlawful for any parent or guardian having legal custody of a minor to allow the minor to be or remain in or upon any public assembly, building, place, parking lot, street or highway in the city under circumstances not constituting an exception as enumerated in division (C) below during the time periods contained in division (B)(1) above.
(C) Exceptions. In the following exceptional cases, a minor in or upon any public assembly, building, place, parking lot, street or highway in the city during the nocturnal hours provided for in division (B)(1) above shall not be considered in violation of this section:
(1) When a minor is accompanied by his or her parent or guardian;
(2) When accompanied by an adult authorized by a parent or guardian of the minor;
(3) 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 a parent is in the possession of the minor specifying when, where and in what manner the minor will be exercising such First Amendment rights;
(4) In case of reasonable necessity, but only after the minor’s parent has communicated to the Police Department the facts establishing the reasonable necessity;
(5) When returning home, by a direct route from and within one hour of the termination of a school activity, or any activity of religious or other voluntary association, provided that justification indicating the place and time of termination of the event can be given to any investigating officer of the Police Department;
(6) When attending an official school, religious or other recreational activity supervised by adults and sponsored by the school system, any duly accredited private school system, 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 city, a civic organization or another similar entity that takes responsibility for the minor;
(7) When engaged in business or occupation which state laws authorized a person under 18 years of age to perform;
(8) When the minor is, with parental consent, in a motor vehicle with a lawfully authorized driver while the vehicle is traveling on a public street or highway;
(9) 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 a direct route, from one location to another either within or out of the city, including all minors that may also be within the vehicle; and/or
(10) When the minor is involved in an emergency.
(D) Enforcement.
(1) A police officer, upon finding or being notified of any minor in or upon any public assembly, building, place, parking lot, street or highway reasonably 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 Unified Juvenile Code shall apply.
(2) 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 is present.
(3) A police officer, upon finding or being notified of any minor in or upon any public assembly, building, place, parking lot, street or highway, whose parent is believed to be in violation of this section, shall confront the minor and request the information as his or her name, age and address of his or her parent.
(4) This section is not exclusive of KRS 405.025.
(Prior Code, § 130.01) Penalty, see § 130.99