In the following exceptional cases a minor in or upon any public assembly, building, place, street or highway in the county during the nocturnal hours provided for in § 132.02 of this chapter shall not be considered in violation of this chapter:
(A) When the minor is accompanied by a custodian;
(B) When accompanied by an adult authorized by a custodian of such minor;
(C) When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; provided that, written notice signed by the minor and countersigned by a custodian is in the possession of such minor specifying when, where, and in what manner said minor will be exercising such First Amendment rights;
(D) In case of reasonable necessity, but only after such minor’s custodian has communicated to the Police Department the facts establishing such reasonable necessity;
(E) When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next-door neighbor who has not communicated an objection to a police officer or the Police Department;
(F) When returning home, by a direct route from, and within one hour of the termination of, a school activity, or any activity of a religious or other voluntary association or work; provided that, justification indicating the place and time of termination of said event can be given to any investigating officer of the Police Department;
(G) When authorized by regulation issued by the Judge Executive in cases of reasonable necessity involving more minors than may reasonably be dealt with on an individual basis. Such regulation should be issued sufficiently in advance to permit publicity through news media and through other agencies such as the schools. The regulation shall define the activity, the scope of the use of the public assembly, building, place, street or highway 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 for finding that such regulation is reasonably necessary. The Judge Executive shall notify the Police Department of said information;
(H) When engaged in a business or occupation which the laws of the commonwealth authorize a minor to perform;
(I) When the minor is, with custodian’s consent, in a motor vehicle with a lawfully authorized driver; and
(J) When the minor, who is a duly authorized and licensed driver, is operating a motor vehicle within the county for the purpose of passing through, by direct route, from one location to another either within or out of the county, including all minors that may also be within the vehicle.
(Ord. 624-10, passed - -2010)