A.
Generally. No person under the age of seventeen (17) years
shall be in any automobile or in or upon the public streets, alleys,
parks, playgrounds or other public grounds, public places, public
buildings, places of amusement and entertainment, vacant lots or other
unsupervised places between the hours of 11:00 P.M. and 5:00 A.M.
Sunday through Thursday while school is in session; 12:00 A.M. and
5:00 A.M. Friday and Saturday and during the summer months while school
is not in session. No person under the age of fourteen (14) years
shall be in any automobile or in or upon the public streets, alleys,
parks, playgrounds or other public grounds, public places, public
buildings, places of amusement and entertainment, vacant lots or other
unsupervised places between the hours of 10:00 P.M. and 5:00 A.M.
Sunday through Thursday while school is in session; 11:00 P.M. and
5:00 A.M. Friday and Saturday and during the summer months while school
is not in session.
B.
Responsibility Of Parent. It shall be unlawful for the parent,
guardian or other person having the legal care and custody or who
has accepted responsibility for the care and custody of a person under
the age of seventeen (17) to knowingly or with reason to know permit
such minor to violate the provisions of this Section.
C.
Procedure Upon Violation.
1.
Any Police Officer, upon finding a minor in violation of this Section,
shall determine the name and address of such minor and warn the minor
that he/she is in violation of the curfew established herein and shall
direct the minor to proceed at once to his/her home or usual place
of abode. The Police Officer shall report such action to communications
who in turn may notify the parent, guardian or person having the legal
care and custody of such minor of the violation.
2.
If the minor refuses to obey the directions of the Police Officer
or refuses to give his/her correct name and address or if the minor
has previously been warned that he/she is in violation of the curfew
established herein, the minor shall be taken to the Police Department
and the parent, guardian or other person having the legal care and
custody of the minor shall be notified to come and take charge of
the minor. If the parent, guardian or other person having the legal
care and custody of the minor cannot be located or fails to come and
take care of the minor, the minor shall be released to the juvenile
authorities.
3.
Service of notice. Notice of a violation of the
curfew established herein shall be given in writing to the parent,
guardian or other person having the legal care and custody of the
minor. The written notice of violation may be served by leaving a
copy thereof at the residence of such person, with any adult person
found at such residence or by mailing the notice to the last known
address of such person or wherever such person may be found.
D.
Penalty For Violation.
1.
Any person under the age of seventeen (17) found in repeated violation
of the curfew established herein shall be reported by the Police to
the juvenile authorities and shall be dealt with in accordance with
the juvenile law and procedure.
2.
Any parent, guardian or other person having the legal care and custody
of a minor found in violation of the curfew established herein, after
having been given written notice of a prior violation as provided
herein, shall be deemed guilty of a misdemeanor.
E.
Exceptions. This Section shall not apply:
1.
To any minor while going to or coming home from the minor's place
of employment,
2.
To any minor who is accompanied by his/her parent, guardian or other
person having legal care and custody of the minor,
3.
To any minor on an emergency, or
4.
To any minor who is on legitimate business directed by his/her parent,
guardian or other person having the legal care and custody of the
minor.
F.
Definitions. As used herein, "minor" means
any person under seventeen (17) years of age and "adult" means any person twenty-one (21) years of age or older.
