[Ord. No. 04-18, § 1, 4-26-2004]
(a) Curfew hours for minor persons under 16 years of age shall be from
10:00 p.m. to 4:00 a.m.
(b) Curfew hours for minor persons 16 and 17 years of age shall be:
(1)
10:30 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday
until 4:00 a.m. of the following day; and
(2)
12:00 a.m. (midnight) to 4:00 a.m. on any Friday or Saturday.
[Ord. No. 04-18, § 1, 4-26-2004]
(a) A minor commits an offense if he/she remains in any public place
or on the premises of any establishment within the City during curfew
hours.
(b) A parent or guardian of a minor commits an offense if he/she knowingly
permits, or by insufficient control allows, the minor to remain in
any public place or the premises of any establishment within the City
during curfew hours.
(c) The owner, operator, or any employee of an establishment commits
an offense if he/she knowingly allows a minor to remain upon the premises
of establishment during curfew hours.
[Ord. No. 04-18, § 1, 4-26-2004]
(a) It is a defense to prosecution under Section
50-81 that the minor was:
(1)
Accompanied by the minor's parent or guardian;
(2)
On an errand at the direction of the minor's parent or
guardian, without any detour or stop;
(3)
In a motor vehicle involved in interstate travel;
(4)
Engaged in an employment activity, or going to or returning
home from an employment activity, without any detour or stop;
(5)
Involved in an emergency;
(6)
On the sidewalk abutting the minor's residence or abutting
the residence of a next door neighbor if the neighbor did not complain
to the Police Department about the minor's presence;
(7)
Attending an official school, religious, or other recreational
activity supervised by adults and sponsored by the City, a civic organizations
or another similar entity that takes responsibility for the minor,
or going to or returning home from, without any detour or stop, an
official school, religious, or other recreational activity supervised
by adults and sponsored by the City, a civic organization, or another
similar entity that takes responsibility for the minor;
(8)
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; or
(9)
Married or had been married or is an emancipated minor under
the Emancipation of Mature Minors Act, as amended.
(b) It is a defense to prosecution under Section
50-81(c) that the owner, operator, or employee of an establishment promptly notify the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
[Ord. No. 04-18, § 1, 4-26-2004]
Before taking any enforcement action with in this section, a police officer shall ask the apparent 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 on any response and other circumstances, no defense in Section
50-82 is present.
[Ord. No. 97-2, § 1(3)(c), 1-27-1997]
In order to defray the costs of detention for a minor under
this division, an additional cost of $35 per hour or part hour for
any minor held for over two hours from the time of arrest shall be
assessed. Such costs may be satisfied by public service performed
by the parent or guardian and minor at the rate of $5 per hour for
each individual.