(A) Definitions. As used throughout this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLOW. Either permit or neglect to prevent conduct in violation of this section, provided that the parent or guardian must have actual or constructive knowledge of the offending conduct, that is, the parent or guardian must actually know that the minor in his or her custody is violating this section, or the circumstances must be such that a reasonably prudent parent or guardian should have known that the conduct of the minor was in violation of this section.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a man-made or natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
MINOR. Any unemancipated person under 18 years of age (17 or under).
PARENT. Any person having legal custody of a minor:
(a) As a natural or adoptive parent;
(b) As a legal guardian;
(c) As a person who stands “in loco parentis”;or
(d) As a person to whom legal custody has been given or directed by order of a court.
PUBLIC PLACE. A place to which the public or a substantial group of persons has access and includes, but is not limited to, highways, streets, alleyways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies and other common areas of apartment houses, hotels, hospitals, office buildings, shops, stores, restaurants, and other similar commercial establishments.
REASONABLE NECESSITY. That which an ordinarily prudent person would consider rational, just, and appropriate under the same or similar circumstances.
REMAIN. To stay behind, to tarry, or linger upon or in any public place.
(B) Parental responsibility.
(1) A parent shall not allow any minor in his or her lawful custody to be or remain in or upon a public place in the city between the hours of 10:00 p.m. and 5:00 a.m. during any day of the week, under circumstances not constituting one or more of the exceptions enumerated in division (C) below.
(2) Any parent who fails to comply with division (B)(1) above shall be guilty of a violation as provided in § 130.99.
(C) Responsible parental conduct; defenses. It shall not be considered a violation, and it shall be a defense to any prosecution under division (B)(2) above, if during the event and time in question the minor was:
(1) Accompanied by a parent or legal guardian;
(2) Accompanied by an adult 21 years of age or older who is authorized by the parent or legal guardian;
(3) Exercising First Amendment rights protected by the United States Constitution, such as free exercise of religion, freedom of speech, and the right of assembly, provided that prior written notices have been given to the Mayor of the city and signed by the minor and countersigned by the parent or legal guardian and is in the possession of such minor specifying when, where, and in what manner said minor will be exercising such First Amendment rights;
(4) Running a legitimate errand for the parent or legal guardian;
(5) Legally employed by a legitimate business, one-half hour before to one-half hour after scheduled work hours, while going directly between his or her home and place of employment;
(6) On the property of his or her own residence or property directly adjacent to this residence, with the permission of the owner of the adjacent property, and is causing no problems such as interfering with the comfort of those in or passing through the area;
(7) Lawfully operating a motor vehicle or, with parental knowledge and consent, is a passenger in a motor vehicle with a lawfully authorized driver for the purpose of passing through, by direct route, from one location to another either within or out of the city;
(8) In an actual emergency that requires that the minor be out;
(9) Violating curfew due to reasonable necessity, but only after such minor’s parent or guardian has communicated to the Ballard County Sheriffs Office the facts establishing such reasonable necessity.
(10) Authorized by permit issued by the County Judge/Executive or the City Manager, as appropriate, in cases of reasonable necessity involving more minors than may reasonably be dealt with on an individual basis, (e.g. city or county festivals, fairs, expositions, or other organized celebrations or memorials; school, church, civic or other recreational events of a special nature). The County Judge/Executive or the City Manager, as the case may be, shall publically advertise any permit sufficiently in advance of the event or occasion, through the news media, schools, or other appropriate agencies. The permit shall define the activity, the scope of the use of the public place permitted, and the period of time involved, not to extend more than one hour beyond the time for termination of the activity, and the reason why the regulation (or permit) is reasonably necessary. A copy of the permit shall be forwarded to the appropriate law enforcement agency in advance of the date of the activity or event in question.
(D) Enforcement of section.
(1) Before proceeding with any enforcement action under this section, a law enforcement officer, upon finding any minor in or upon a public place, during a time period not authorized herein, may stop and question such minor and request such information as his or her name, address, and the name and address of his or her parent.
(2) If the law enforcement officer determines or has reasonable cause to believe that the minor does not meet any of the permitted conditions provided in division (C) above, the law enforcement officer shall issue a citation, or, when necessary, cause a warrant summons to issue against said minor’s parent(s) for violation of division (B)(2) above and may take into custody as evidence of the offense, the minor and/or take the minor to his or her home. The law enforcement officer shall, at the time of the issuance of the citation or warrant summons, notify the offending parent(s) of the right to file a “beyond control” petition in defense of any prosecution hereunder, as set forth in division (E)(2) below.
(E) Beyond parental control petition, defense to prosecution.
(1) It shall constitute a complete defense to any prosecution under division (B)(2) if at the time of issuance of the citation or warrant summons the offending parent or spouse has an active beyond control petition pending in Ballard District Court.
(2) Any parent issued a citation or served with a warrant summons by a law enforcement officer for violation of division (B)(2) above, may, within 48 hours thereof, cause a beyond control petition to be initiated against the minor. If the parent obtains a beyond control petition, in good faith, within the 48-hour time period and the parent fully participates and cooperates in the proceedings against said minor, the filing of the beyond control petition shall constitute a complete defense to any prosecution for a violation of division (B)(2) of this section.
(Ord. 625, passed 3-1-16) Penalty, see § 130.99