It shall be unlawful for any person under 18
years of age to be or remain in or upon a public place within the
Township of Mansfield during the period ending at 6:00 a.m. and beginning:
A. At 8:30 p.m. prevailing time on October 28, 29, and
30 (commonly known as "Mischief Night").
B. At 9:00 p.m. prevailing time on October 31 (commonly
known as "Halloween").
The following shall constitute valid exceptions
to the operation of this chapter:
A. When a juvenile is accompanied by a parent of such
juvenile or by an adult authorized by a parent of such juvenile to
take said parent's place in accompanying said juvenile for a designated
period of time and purpose within a specified area.
B. When the juvenile is on an errand involving a medical
emergency as directed by a parent of such juvenile.
C. When a juvenile is 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, by carrying
upon his or her person a writing signed by the juvenile and countersigned
by a parent of the juvenile with their home address and telephone
number, specifying when, where and in what manner the juvenile will
be in a public place during hours when this chapter is applicable
to said minor in the exercise of the First Amendment right specified
in such writing.
D. When a juvenile is on the sidewalk or property where
the juvenile resides or on either side of or across the street from
the place where the juvenile resides and the adult owner or resident
of that property has given permission for the juvenile to be there.
E. When a juvenile is returning home by a direct route
(without any unnecessary detour or stop) from and within one hour
of the termination of a school activity or an activity of a cultural,
educational or social event sponsored by a religious or community-based
organization.
F. When the juvenile is legally employed and is traveling
to or returning home from, by a direct route, the juvenile's place
of employment.
G. When the juvenile is, with parental consent, engaged
in normal interstate travel through the Township or originating or
terminating in the Township.
It shall be unlawful for a parent having legal
custody of a juvenile knowingly to permit or by inefficient control
to allow the juvenile to remain in any Township public place under
circumstances not constituting an exception to or otherwise beyond
the scope of this chapter. The term "knowingly" includes knowledge
that a parent should reasonably be expected to have concerning the
whereabouts of a juvenile in that parent's legal custody. This requirement
is intended to hold a neglectful or careless parent up to a reasonable
community standard of parental responsibility through an objective
test. It shall, therefore, be no defense that a parent was completely
indifferent to the activities or conduct or whereabouts of such juvenile.
This chapter shall take effect upon its final
passage and publication, according to law.