[HISTORY: Adopted by the Village Board of the Village of
Grafton as Title 9, Part IV, Ch. 9.37, of the 1979 Code; amended in
its entirety by Ord. No. 022-93, 1993. Subsequent amendments noted where applicable.]
A.Â
No minor, age 16 years or under, shall loiter, idle, wander, stroll
or be either on foot or in a vehicle of any nature 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
Village of Grafton between the hours of 11:00 p.m. and 5:00 a.m. of
the following day, official Village time.
[Amended by Ord. No. 010, Series 2004]
B.Â
The provisions of this section do not apply to a minor accompanied
by his or her parent, guardian or other adult person having the care
and custody of the minor, or where the minor is upon an emergency
errand or legitimate business permitted by his or her parent, guardian
or other adult person having the care and custody of the minor or
is pursuing his employment, or returning from an authorized public
or parochial school function or other organizational function which
such function shall have been duly registered with the Police Department
by a responsible officer of the organization. The prohibition provisions
of this section shall also not apply when a juvenile is 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. To exercise the exception for protected First Amendment
activities, the juvenile and/or his or her parent, guardian or other
person having the care and custody of the minor shall deliver to the
Village of Grafton Police Department a written communication, signed
by the juvenile and countersigned, if practicable, by a parent, guardian
or other adult person having the care and custody of the minor, with
their home address and telephone number, specifying when, where and
in what manner the juvenile will be in a public place during hours
when this chapter is applicable.
C.Â
Juveniles who fail to notify the Grafton Police Department of their
intent to exercise First Amendment activities between the hours of
11:00 p.m. and 5:00 a.m. shall be given an opportunity to provide
a reasonable explanation of their presence in public when confronted
by law enforcement personnel. Juveniles shall not be cited for a violation
of this section if it is determined by law enforcement personnel that
the juvenile is exercising a protected First Amendment activity and
prior notification as required by this chapter was impossible or impractical.
D.Â
Each violation of the provisions of this section shall constitute
a separate offense.
No parent, guardian or other adult person having the care and custody of a minor age 16 or under shall permit such minor to violate the provisions of § 9.37.010A.
Any minor violating the provisions of § 9.37.010A shall be handled in accordance with the juvenile court laws or procedure.
[Amended by Ord. No. 010, Series 2004]
Any parent, guardian or other adult person having the care and custody of a minor violating § 9.37.010A shall forfeit no less than $10 nor more than $200 and, in default of payment thereof, shall be imprisoned until such forfeiture and the costs of prosecution are paid, but not exceeding 30 days.
