§ 11-1-7 Curfew hours for minors.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY. An unforseen combination of circumstances of the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring an immediate action to prevent serious bodily injury or loss of life.
GUARDIAN. A person who, under court order, is the guardian of a minor or a public or private agency with whom a minor has been placed by the court or at least 18 years of age and authorized by a minor’s parent or guardian to have the care and custody of a minor.
INSUFFICIENT CONTROL. Failure to exercise reasonable care and diligence in the supervision of a minor.
MINOR. Any person under the age of 18.
PARENT. A person who is a natural parent, adoptive parent or step parent of a minor.
REMAIN. To linger or stay or fail to leave the premises when requested to do so by a police officer, an owner, an operator or other person that controls the premises.
(B) Offenses.
(1) It is unlawful for any minor under the age of 16 years to be or remain in, about or upon any place in the City away from the dwelling house or usual place of abode of said minor between the hours of 10:00 p.m. and 5:00 a.m. of the following day.
(2) It is unlawful for any minor 16 years or older to be or remain in, about or upon any place in the City away from the dwelling house or usual place of abode of said minor between the hours of 12:00 a.m. and 5:00 a.m.
(3) It is unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control, allow such minor to violate subsections (1) or (2) of this subsection.
(C) Defenses/exceptions. It is a defense to prosecution under subsection (B) of this section, including (B)(3), that the minor was:
(1) Accompanied by the minor’s parent or guardian;
(2) With prior permission of the minor’s parent or guardian in a motor vehicle involved in interstate travel;
(3) With prior permission of the minor’s parent or guardian in an employment activity or going to or returning from an employment activity without any detour or stop;
(4) Involved in an emergency;
(5) With prior permission of the minor’s parent or guardian, was engaged in reasonable, legitimate and specific business or activity. Examples will include, but are not limited to a juvenile with prior permission of the minor’s parent or guardian, attending an official school, religious or other recreational activities supervised by adults and sponsored by the City, a civic organization or other similar entity that takes responsibility for the minor or going to or returning home from an official school, religious or other recreational activities supervised by adults and sponsored by the City, a civic organization or other similar entity that takes responsibility for the minor;
(6) With prior permission of the minor’s parent or guardian, exercising a First Amendment right protected by the United States Constitution;
(7) Married and 16 years of age or over or in the military.
(D) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the appearing offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based upon the circumstances, the minor’s responses and minor’s conduct, no defense as provided in subsection (C) of this section is present.
(E) Penalty.
(1) Each violation of the provisions of (B)(1), (2) and (3) of this section shall constitute a separate offense.
(2) A person convicted of a violation of any provision of this chapter shall be guilty of a class 1 misdemeanor. This offense is designated an incorrigible offense for minors under the jurisdiction of the juvenile court. (Prior Code, § 11-1-7) (Am. Ord. 95-525, passed 3-28-1995)