(A) Loitering of minors prohibited. It shall be unlawful for any person under the age of 18 years (a minor) to loiter, idle, wander, stroll, play or drive, operate or occupy a vehicle of any type or kind in or upon the public streets, highways, roads, alleys, parks, playgrounds, public grounds or other public places and public buildings, cafés, theaters and places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 10:00 p.m. and 5:00 a.m. of the next day on Sunday, Monday, Tuesday, Wednesday and Thursday of each and every week; and between the hours of 12:00 a.m. until 5:00 a.m. of the next day on Friday and Saturday of each week and during school vacation periods the hours will remain the same; provided, however, that the provisions of this section do not apply to a minor accompanied by their parent, guardian or other adult person having the care and custody of such minor, or where the minor is upon an emergency errand or legitimate business directed by their parent, guardian or adult person having the care and custody of the minor. The provisions of this section shall not apply to a minor while engaged in any gainful occupation or employment, or while going to and from such employment. Any minor under 18 years of age who is living with their parents, or one of them, or a guardian, or with any foster parent, who is absent from their home during the prohibited hours shall carry with them upon their person the written permission of their parent, guardian or foster parent to be so absent from their home for some stated legitimate reason, except when the absence is due to gainful employment as above mentioned. Each violation of the provisions of all this section shall constitute a separate offense and the times shall be Mountain Standard or Mountain Daylight Savings time, whichever is in effect at the time.
(B) Responsibility of parents or guardians. It shall be unlawful for any parent, guardian or other adult person having the care and custody of any person under the age of 18 years (minor) to allow or permit such minor to violate the provisions of division (A) above. Each violation of the provisions of this section shall constitute a separate offense. In any prosecution under this section, it shall not constitute a defense thereto that the parent, guardian or other adult person having the care and custody of such minor did not have knowledge that such minor was violating the provisions of division (A) above.
(C) Penalties.
(1) Any minor under 18 years of age violating the provision of this chapter shall be guilty of a misdemeanor and shall be punished in accordance with the laws of the state regarding crimes and offenses committed by juveniles.
(2) Any parent, guardian or other adult person having the care and custody of a minor violating division (A) above shall be guilty of a misdemeanor and shall be subject to the following penalty. For a first offense, shall be fined not less than $50 and not more than $200. For a second offense, shall be fined not less than $75 and not more than $500. For any subsequent offense thereafter, the penalty shall be not less than $100 and not more than $500 or six months in jail or any combination of fine and imprisonment. These penalties are not to be deferred sentences. (1985 Code, § 9.10.020)