In the following exceptional cases, a minor on a city street during the nocturnal hours prescribed for minors shall not, however, be considered in violation of the curfew ordinance.
(A) When accompanied by a parent of such minor.
(B) When accompanied by an adult, at least 21 years of age, who is not the parent and who is authorized by a parent of such minor to take said parent's place in accompanying said minor for a designated period of time and purpose within the specified area.
(C) When exercising First Amendment rights protected by the United States Constitution, such as free exercise of religion, freedom of speech and the right of such exercise by a written communication, signed by the juvenile and countersigned, by a parent of the juvenile with their home address and telephone number, specifying when, where and in what manner the juvenile will be on the streets at night (during hours when the curfew ordinance is otherwise applicable to said minor) in the exercise of a First Amendment right.
(D) In case of reasonable necessity for a juvenile remaining on the streets, but only after the juvenile's parent has communicated to the person designated by the Chief of Police to receive such notifications the facts establishing the reasonable necessity relating to specified streets at a designated time for a described purpose including points of origin and destination. A copy of the communication, or of the police record thereof, duly certified by the Chief of Police to be correct, with an appropriate notation of the time it was received and of the names and addresses of the parent and juvenile, shall be admissible evidence.
(E) When returning home from within one hour after the termination of a school or city sponsored activity, or an activity of a religious or other voluntary association, of which prior notice, indicating the place and probable time of termination, has been given in writing, to and duly filed for immediate reference by, the person designated by the Chief of Police.
(F) When engaging in the duties of bona fide employment or traveling directly, without undue delay or detour from home to the place of employment, or from the place of employment to the home.
(G) When the minor is in a motor vehicle for the purpose of interstate travel, either through, beginning or ending in the city.
(H) It shall be an affirmative defense that the school which the juvenile attends is not in session; the juvenile is a high school graduate or has an equivalent certificate; or has an official excused absence from the school. A suspension or expulsion shall not be an affirmative defense to this subchapter.
(Ord. 206, passed 11-9-92; Am. Ord. 345, passed 4-19-04)