[CC 1988 §17-25; Ord. No. 3387 §§1 — 4, 11-15-1999]
A. Definitions. As used in this Section, the following terms
shall mean the following:
EMERGENCY
Shall include, but not be limited to, fire, natural disaster,
an automobile accident, or obtaining immediate medical care for another
person.
GUARDIAN
Any person to whom custody of a minor has been given by a
court order.
MINOR
Any person under seventeen (17) years of age.
PARENT
A person who is the natural or adoptive parent of a person.
As used herein, "parent" shall also include a court
appointed guardian or other person eighteen (18) years of age or older
authorized by the parent, by a court order, or by the court appointed
guardian to have the care and custody of a person.
PUBLIC PLACE
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways
and the common areas of schools, hospitals, apartment house, office
buildings, transport facilities and shops.
B. Offenses.
1. It shall be unlawful for any minor under the age of seventeen (17)
years to purposely remain, walk, run, stand, loiter, idle, wander,
drive or ride about or play in or upon the public streets, highways,
roads, alleys, parks, playgrounds or other public grounds, public
places and public buildings, places of amusement and entertainment,
vacant lots or other unsupervised places in the City of De Soto between
the hours of 12:00 Midnight and 6:00 A.M., of the following day, official
City time.
2. It shall be unlawful for any minor under the age of seventeen (17)
years to purposely remain, walk, run, stand, loiter, idle, wander,
drive or ride about or play in or upon the public streets, highways,
roads, alleys, parks, playgrounds, public buildings, places of amusement
and entertainment, vacant lots or other unsupervised places in the
City of De Soto between the hours of 8:00 A.M. and 2:30 P.M. on a
Monday, Tuesday, Wednesday, Thursday or Friday of the calendar school
year, as established by the school district in which the minor is
enrolled.
3. It shall be unlawful for the parent(s) or guardian(s) or person having legal custody of a minor to be in violation of the curfew imposed in Subsections
(B)(1 —
2) hereof.
C. Defenses. It is a defense to prosecution under Subsection
(B) of this Section that:
1. The minor was accompanied by his/her parent;
2. The minor was accompanied by another adult approved by the parent;
3. The minor was on emergency errand;
4. The minor was attending school or religious activity or is going
to or coming from a school, religious or government sponsored activity;
5. The minor was engaged in a lawful employment activity or is going
directly to or coming directly from lawful employment;
6. The minor was on the sidewalk of the place where such minor resides
or on the sidewalk of a place where the minor has permission from
his/her parent or guardian to be or on the sidewalk of the next-door
neighbor not communicating an objection to the Police Officer;
7. The minor was upon an errand directed by his/her parent;
8. The minor was in a motor vehicle involved in intrastate transportation
or transportation for which passage through the curfew area is the
most direct route;
9. The minor was exercising his/her First Amendment rights protected
by the United States Constitution including, but not limited to, the
free exercise of religion, freedom of speech, and the right of assembly;
10. The minor was married or otherwise emancipated; and
11. The minor was observing the scheduled vacation of or a holiday observed
by the school in which the minor is enrolled; or that the minor has
graduated from high school or received a high school equivalency certificate;
or that the minor has permission to be absent from school or in a
public place from an authorized school official. In the case of a
child being educated in a home school, a parent shall be deemed a
school official.