It shall be unlawful for a person less than 17 years of age to be present at or upon any public assembly, building, place, street or highway at the following times, unless accompanied and supervised by a parent, legal guardian or other responsible companion at least 18 years of age, approved by a parent or legal guardian, or unless engaged in a business or occupation which the laws of this state authorize a person less than 17 years of age to perform:
A.
It shall be unlawful for a parent, legal guardian or other person to knowingly permit a person in his custody or control to violate this article.
B.
The parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian is liable for actual damages for the wilful or malicious acts of such minor which cause injury to a person or property, including damages caused by a minor who has been adjudicated a delinquent for violating Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012. Reasonable attorney's fees may be awarded to any plaintiff in any action under this section. If the plaintiff is a governmental unit, reasonable attorney's fees may be awarded up to $15,000.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It is a defense to prosecution under this article that the minor was:
A.
Accompanied by the minor's parent or guardian or other person in custody or control of the minor;
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 a government or governmental agency, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by a government or governmental agency, 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 is an emancipated minor under the Emancipation of Minors Act.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Before taking any enforcement action under this article, a law enforcement 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 article unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 190-17 is present.