531.01 CURFEW.
(a) No child of seventeen years and under shall be upon or about the City streets and sidewalks between 11:00 p.m. and 5:00 a.m. of the following morning, unless accompanied by his parent or guardian.
(b) No parent or guardian of any child, age seventeen years and under, shall allow the child to be upon or about the City streets and sidewalks between 11:00 p.m. and 5:00 a.m. of the following morning, unless the child is under direction or protection of some adult person with authority and consent of such parent or guardian for his being there.
(c) Whenever the Mayor deems that an emergency exists and there is a clear and present danger to the preservation of the public peace, health, life or safety or to public or private property in the City necessity expansion of the curfew provisions set forth in subsections (a) and (b) hereof, he may effect the expansion effective for the period of the emergency by proclamation which proclamation shall contain a statement of the reasons for the necessity, the period of the expanded curfew and provide that no child seventeen years of age and under shall be upon or about the streets, alleys, sidewalks, parks and other public places in the City between the hours of 6:00 a.m. and 5:00 a.m. of the following morning unless accompanied by his parent or guardian. The proclamation may further provide that no parent or guardian of any child age seventeen years or under shall allow the child to be upon or about the City streets, alleys, sidewalks, parks and other public places in the City between the hours of 8:00 p.m. and 5:00 a.m. of the following morning unless the child is under direction or protection of some adult person with authority and consent of the parent or guardian for his being there. The proclamation shall become effective thirty minutes after being publicly announced by the Mayor for the period or until rescinded by the Mayor or repealed by Council in the manner in which ordinances are repealed.
(d) Whoever violates section (a) or (b) above shall be guilty of a curfew violation.
(1) Except as otherwise provided in (d)(2) or (3), the offense is a minor misdemeanor.
(2) If within one year of the offense, the offender was previously convicted of or pleaded guilty to one violation of this section or a substantially similar state statute, the offense is a misdemeanor of the first degree punishable by up to 180 days in jail and a $1,000.00 fine. The court shall impose a minimum mandatory fine of $150.00.
(3) If within five years, the offender was previously convicted of or pleaded guilty to two or more violations of this section or a substantially similar state statute, the offense is a misdemeanor of the first degree punishable by up to 180 days in jail and a $1,000.00 fine. The court shall impose a minimum mandatory fine of $500.00.
(e) It is an affirmative defense to this section that a minor is accompanied by an adult who is legally responsible for the child as indicated by court order or a parent, or where the minor is acting upon an emergency as directed by the parent, guardian or other adult person who is legally responsible for the child as indicated by court order or a parent.
(f) The Youngstown Municipal Court and the Mahoning County Common Pleas Court Juvenile Division shall have concurrent original jurisdiction for violations of subsection (b) above. (Ord. 12-277. Passed 7-30-12.)