(a) Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word "shall" is always mandatory and not merely directory.
(1) "City" means the City of Wheeling.
(2) "Minor" means any person under the age of eighteen years.
(3) "Parent" means the natural or adoptive parent of a minor.
(4) "Guardian" means any person other than a parent, who has legal guardianship of a minor.
(5) "Custodian" means any person over the age of eighteen years who is in loco parentis to a juvenile.
(6) "Public place" means any street, alley, highway, sidewalk, park, playground or place to which the general public has access and right to resort for business, entertainment or other lawful purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.
(Ord. 6875. Passed 9-25-79.)
(b) Curfew. No minor shall remain, idle, wander, stroll or play in any public place either on foot or cruise about without a set destination in any vehicle in, about or upon any place in the City between the hours of 10:00 p.m. and 6:00 a.m., Sunday through Thursday and between the hours of 11:00 p.m. and 6:00 a.m. Friday through Saturday unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor or unless the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the care and custody of the minor or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation.
(c) Responsibility of Owners of Public Places. No person, firm or corporation operating or having charge of any public place shall knowingly permit the presence of minors under the age of eighteen between the hours of 10:00 p.m. and 6:00 a.m. Sunday through Thursday and between 11:00 p.m. and 6:00 a.m. on Friday through Saturday as specified in subsection (b) hereof.
(d) Parents' Responsibility. No parent, guardian or other adult person having custody or control of any minor under the age of eighteen shall permit, or by inefficient control shall allow such person to be on the streets or sidewalks or on or in any public property or public place within the City between the hours of 10:00 p.m. and 6:00 a.m. Sunday through Thursday and between 11:00 p.m. and 6:00 a.m. on Friday through Saturday. However, the provisions of this subsection (d) do not apply to a minor accompanied by his parent, guardian, custodian or other adult person having the care, custody or control of the minor, of if the minor is on an emergency errand or specific business or activity directed by his parent, guardian, custodian or other adult having the care and custody of the minor or if the parent, guardian or other adult person herein has made a missing person notification to the Police Department.
(Ord. 9155. Passed 8-11-87.)
(e) Special Functions. Any minor attending a special function or entertainment of any church, school, club or other organization that requires such minor to be out at a later hour than that called for in subsection (b) hereof shall be exempt from the provisions of subsection (b) provided the church, school, club or other organization shall register in advance with the Chief of Police or his designate to have the minors stay out to this later hour. The registrant shall state the time the function or entertainment shall end, and the minors who attend the function shall be required to be in their homes or usual places of abode within one half hour after the function is ended.
(f) Procedures.
(1) Any police officer upon finding a minor in violation of subsection (b) hereof shall ascertain the name and address of such minor and warn the minor that he is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the Chief of the Police Department who in turn shall notify the parents, guardian or person having custody or control of such minor.
(2) If such minor refuses to heed such warning or direction by any police officer or refuses to give such police officer his correct name and address, or if the minor has been warned on a previous occasion that he or she is in violation of curfew, he or she shall be taken to the Police Department and the parent, guardian or other adult person having the care and custody of such minor shall be notified to come and take charge of the minor. If the parent, guardian or other adult person above cannot be located or fails to come and take charge of the minor, the minor shall be released to the juvenile authorities.
(Ord. 6875. Passed 9-25-79.)