As used in this chapter:
means the period from eleven p.m. any evening of the week
until five a.m. the following day.
means an unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, a fire, natural disaster, an automobile accident or any
situation requiring immediate action to prevent serious bodily injury
or loss of life.
means 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.
means (1) a person who, under court order, is the guardian
of the person of a minor, or (2) a public or private agency with whom
a minor has been placed by the court.
means any person under eighteen years of age.
means a person who is a natural parent, adoptive parent or
stepparent of another person.
means 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 areas of schools, hospitals, apartment houses,
office buildings, transport facilities and shops.
means a person at least eighteen years of age, authorized
by a parent or guardian to have the care and custody of a minor.
means 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.
(Ord. 1078 (part), 1998)
A.
It is
unlawful for any minor to be present in any public place or on the
premises of any establishment with the city during curfew hours.
B.
It is
unlawful for any parent or guardian of a minor knowingly to permit,
or by insufficient control to allow, the minor to be present in any
public place or on the premises of any establishment within the city
during curfew hours.
C.
1.
Accompanied
by the minor's parent or guardian, or by a responsible adult;
2.
On
an errand at the direction of the minor's parent or guardian, or the
responsible adult, without any detour or stop;
3.
In
a motor vehicle involved in interstate travel;
4.
Engaged
in an employment activity, or going to or returning home from an employment
activity, without any detour or stop;
5.
Involved
in an emergency;
6.
On
the sidewalk abutting the minor's residence;
7.
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 any detour or stop, an official school,
religious, or other recreational activity supervised by adults and
sponsored by the city, civic organization, or another similar entity
that takes responsibility for the minor;
8.
Exercising
First Amendment rights protected by the United States Constitution;
or
9.
Emancipation
pursuant to law.
D.
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 or on the premises of the establishment during curfew hours. 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 responses and other circumstances, no defense under subsection (C) of this section is present or applicable.
E.
Each
violation of this section shall constitute a separate offense.
(Ord. 1078 (part), 1998)
