[Ord. No. 11-12-01 § 1, 12-7-2011]
A.
CURFEW HOURS
EMERGENCY
ESTABLISHMENT
GUARDIAN
MINOR
OPERATOR
PARENT
PUBLIC PLACE
REMAIN
SERIOUS BODILY INJURY
Definitions. In
this Section, the following terms shall have the meanings indicated:
Monday, Tuesday, Wednesday, Thursday, Friday: 12:01 A.M.
until 5:00 A.M.; Saturday and Sunday: 1:01 A.M. until 5:00 A.M.
An unforeseen combination of circumstances or 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 immediate action to prevent serious bodily
injury or loss of life.
Any privately-owned place of business operated for a profit
to which the public is invited, including, but not limited to, any
place of amusement or entertainment.
Any person under seventeen (17) years of age.
Any individual, firm, association, partnership, or corporation
operation, managing, or conducting any establishment. The term includes
the members or partners of an association or partnership and the officers
of a corporation.
A person who is:
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 area of schools, hospitals, apartment houses, office
buildings, transport facilities, and shops.
To:
Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
B.
Offenses.
1.
A minor commits an offense if he or she remains
in any public place or on the premises of any establishment within
the City during curfew hours.
2.
A parent or guardian of a minor commits an offense
if he or she knowingly permits, or by insufficient control allows
the minor to remain in any public place or on the premises of any
establishment within the City during curfew hours.
3.
The owner, operator, or any employee of an establishment
commits an offense if he or she knowingly allows a minor to remain
upon the premises of the establishment during curfew hours.
C.
Defenses.
1.
It is a defense to prosecution under Subsection (B) that the minor was:
a.
Accompanied by the minor's parent or guardian;
b.
On an errand at the direction of the minor's
parent or guardian, without any detour or stop;
c.
In a motor vehicle involved in interstate travel;
d.
Engaged in an employment activity, or going
to or returning home from an employment activity, without any detour
or stop;
e.
Involved in an emergency;
f.
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;
g.
Attending 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, or going to or returning home from,
without an 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;
h.
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
i.
Married or had been married or had disabilities
of minority removed in accordance with State law.
D.
Enforcement. Before taking any enforcement action under 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 Subsection (C) is present.
E.
Penalties. A person who violates a provision of this
Section is guilty of a separate offense for each day or part of a
day during which the violation is committed, continued, or permitted.
Each offense, upon conviction, is punishable by a fine not to exceed
five hundred dollars ($500.00).