(A) It is unlawful for any person under the following ages to remain in or on any of the public streets, alleys or public places in the town limits during the following times of day.
(1) For any person under the age of 18 years the following curfew applies:
(a) 1:00 a.m. to 5:00 a.m. on Saturday or Sunday;
(b) 11:00 p.m. to midnight on Sunday, Monday, Tuesday, Wednesday or Thursday; and
(c) Midnight to 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday or Friday.
(2) For any person under the age of 16 years, the following curfew applies:
(a) 11:00 p.m. to midnight on Friday or Saturday;
(b) Midnight to 5:00 a.m. on Saturday or Sunday;
(c) 10:00 p.m. to midnight on Sunday, Monday, Tuesday, Wednesday, Thursday; and
(d) Midnight to 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday or Friday.
(B) Any child less than 18 years of age who is found violating division (A) above by any police officer or other peace officer may issue same said child, a written citation for this violation in the Violations Bureau to pay a fine.
(C) This section shall not apply to a child who is:
(1) Accompanied by the child’s parent, guardian or custodian;
(2) Accompanied by an adult specified by the child’s parent, guardian or custodian;
(3) Participating in, going to or returning from:
(a) Lawful employment;
(b) A sanctioned school activity;
(c) A religious activity; or
(d) A necessary or duty directed by the child’s parent, guardian or custodian.
(4) Exercising First Amendment rights protected by the United States Constitution;
(5) In a vehicle involved in interstate travel; or
(6) Involved in an emergency.
(D) (1) It is unlawful for any parent, guardian or other person having the legal custody of any child to allow, suffer or permit such child to violate the provisions of division (A) above after been warned in writing that such child has previously been found violating such section.
(2) Conviction of the child is not required to be proven in any prosecution for a violation of this section.
(E) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY.
(a) Unforeseen circumstances, or the status or condition resulting there from, requiring immediate action to safeguard life, limb or property.
(b) The term includes, but not limited to, fires, natural disasters, automobile accidents or other similar circumstances.
(Ord. 9, passed 8-31-2012) Penalty, see § 130.99