[HISTORY: Adopted by the Municipal Council of the Township of Irvington 1-12-1993 by Ord. No. MC 2970 (Ch. 85 of the 1981 Revised Code); amended in its entirety 6-24-2019 by Ord. No. MC 3699. Subsequent amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words and their derivatives shall have the meanings indicated:
- A person, other than a parent, to whom legal custody of the juvenile has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile.
- An individual who is under the age of 18 years.
- PUBLIC PLACE
- Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area.
It shall be unlawful for a juvenile under 18 years of age to loiter, idle, wander, stroll, be in, play in or remain in a public place, as defined in § 249-1 above, between the hours of 11:00 p.m. and 5:30 a.m. unless accompanied by the juvenile's parent or guardian. It shall be unlawful for any parent or guardian to allow an unaccompanied juvenile to be on any public street or in any public place during those hours, except as herein provided.
The provisions of this chapter shall not be applicable to a juvenile under 18 years of age or to a parent or guardian or other person responsible for the care and custody of the juvenile during the time necessarily required for such juvenile to travel to and from a place of employment or be actively involved in activity in which such juvenile may be gainfully and lawfully employed; or from a school or place of instruction at which such juvenile may be in bona fide attendance; or from a place at which a religious, school, civic or properly supervised social meeting, recreational gathering or assemblage had taken place, to his or her residence; nor in the event of an emergency involving the danger to health, life or property which shall require the juvenile to be out of his home in the prohibited area between the hours of 11:00 p.m. and 5:30 a.m.
Whenever a juvenile shall be taken into custody or detained for willfully violating the provisions of § 249-2, the parents or legal guardian of such juvenile or any person who has assumed the responsibility of the natural parents of the juvenile shall be notified of such detention by the arresting law enforcement officer or any authorized member of the Irvington Public Safety Department or special police.
When the parent or legal guardian or the person responsible for the custody and care of the juvenile calls for the custody of the juvenile, the authorized law enforcement officer or special police in the Department of Public Safety shall serve written notice upon such parent or legal guardian or the person responsible for such juvenile, setting forth the facts and charges of the violation, which notice shall contain a warning that, upon a second arrest or detention within 180 days and conviction of the juvenile on charges of violating this chapter, a formal complaint may be filed against said parent or legal guardian or other person responsible for the care and custody of the juvenile for lack of supervision and permitting said juvenile to violate the provisions of § 249-2.
A copy of the notice and warning mentioned in Subsection A and the facts and circumstances of the prior arrest or detention shall be served upon the Clerk of the Irvington Municipal Court, which notice shall be evidence of parental or guardian neglect of supervision in any complaint with charges filed against the parent or legal guardian or other person responsible for the care and custody of the juvenile charged with the violation of § 249-2 in allowing said juvenile to violate § 249-2.
Upon the second and each successive violation of this chapter, violators shall be required to perform community service and may be subject to a fine as provided in § 1-17A of the Revised Code of the Township of Irvington at the discretion of the Municipal Court Judge. If both a juvenile and the juvenile's parent or guardian shall be deemed to be in violation of this chapter, they shall be required to perform community service together.