As used in this chapter, the following terms shall have the
meanings indicated:
ESTABLISHMENT
Any privately owned place of business carried on for profit
or any place of amusement or entertainment to which the public is
invited.
[Added 7-15-2013 by Ord. No. 6-13]
EXCUSED ABSENCES FROM SCHOOL
An absence that shall be excluded from counting toward the
accrual of days that deny students the privilege of attending the
secondary summer school program and counting toward the accrual of
days that lead to court action or dropping the student from the school's
register. Examples of excused absences are illness, death in the family,
religious holidays and approved college visitation for high school
seniors.
[Added 7-15-2013 by Ord. No. 6-13]
GUARDIAN
A person, other than a parent, to whom legal custody of the
juvenile has been given by court order or who is acting in the place
of the parent or is responsible for the care and welfare of the juvenile.
JUVENILE
An individual who is under the age of 18.
OPERATOR
Any individual, firm, association, partnership or corporation
operating, managing or conducting any establishment. The term "operator,"
as used in the penalty provisions of this chapter and applied to a
partnership, association or corporation, shall include the partners
of the partnership, the members of the association and the officers
of the corporation.
[Added 7-15-2013 by Ord. No. 6-13]
PUBLIC PLACE
Any place to which the public has access, including but not
limited to a public street, road, therefore, sidewalk, bridge, alley,
plaza, park, recreation or shopping area, public transportation facility,
vehicle used for public transportation, parking lot or any other public
building, structure or area.
REMAIN
To loiter, stroll or play in or upon any establishment or
public place.
[Added 7-15-2013 by Ord. No. 6-13]
It shall be unlawful for any child under the
age of 18 year to be upon the streets, parks, parking lots or other
public places or in or upon the property of any convenience store,
fast-food restaurant, theater or any place of public amusement or
recreation or upon any railroad right-of-way after the hour of 10:00
p.m., prevailing time, on the calendar days of Sunday, Monday, Tuesday,
Wednesday or Thursday, until 6:00 a.m. the following morning, and
after the hour of 11:00 p.m., prevailing time, on the calendar days
of Friday or Saturday, until 6:00 a.m. the following morning unless
accompanied by the parent, guardian or other adult person having the
care, custody or control of said child.
Notwithstanding anything contained in this Chapter
to the contrary, it shall be unlawful for any child under the age
of 18 year to be upon the streets, parks, parking lots or other public
places or in or upon the property of any convenience store, fast-food
restaurant, theater or any place of public amusement or recreation
or upon any railroad right-of-way after the hour of 9:00 p.m., prevailing
time, on the 30th day of October and the 31st day of October, until
6:00 a.m. the following morning unless accompanied by the parent,
guardian or other adult person having the care, custody or control
of said child.
The provisions of §
75-2 shall not apply to juveniles engaged in, or traveling to or from, a business or occupation which the laws of this State authorize a juvenile to perform or a juvenile engaged in an errand involving a medical emergency, or to attend an extracurricular school activities or any other cultural, educational or social events sponsored by religious or community-based organizations after 10:00 p.m. and before 6:00 a.m.
It shall be unlawful for the parent, guardian or any person having the care, custody or control of any child or children under the age of 18 years to permit such child or children to loiter upon or be in any of the places mentioned in Section
75-2 herein at any time after the hour of 10:00 p.m., prevailing time, until 6:00 a.m. the following morning, unless said child or children under the age of 18 years are accompanied by such parent, guardian or other person having the care, custody or control of such child or children.
[Added 7-15-2013 by Ord. No. 6-13]
No child over the age of five years and under the age of 18
years shall remain in or upon any public place or establishment outside
any school grounds on the days and between the hours so designated
by the appropriate Board of Education that school is in session during
the school year.
[Added 7-15-2013 by Ord. No. 6-13]
In the following cases, a student shall not be considered in violation of §
75-6:
A. During an excused absence.
B. During an approved early dismissal from school.
C. When the student is enrolled in an approved work-experience program.
D. When the student is officially removed from the school register.
E. Parochial and private school students who have different school hours
or different holiday and vacation schedules during times while those
schools are not in session.
[Added 7-15-2013 by Ord. No. 6-13]
No parent or guardian, as defined in §
75-1 of this chapter, of any child over the age of five years and under the age of 18 years shall permit such child to remain in or upon any public place or establishment outside any school grounds on the days and between the hours so designated by the appropriate Board of Education that school is in session during the school year.
[Added 7-15-2013 by Ord. No. 6-13]
No operator, as defined in §
75-1 of this chapter, or his agents or employees shall knowingly permit any child over the age of five years and under the age of 18 years unaccompanied by a parent, as defined in §
75-1 of this chapter, to remain upon the premises of his establishment on the days and between the hours so designated by the appropriate Board of Education that school is in session during the school year.
[Amended 7-15-2013 by Ord. No. 6-13]
Any juvenile, parent or guardian, as defined in §
75-1 of this chapter, who violates any provision of this chapter shall be subject to a fine of up to $1,000 and shall be required to perform community service of up to 10 days. Should both a juvenile and the juvenile's parent or guardian violate this chapter, the Court, in its discretion, may require the juvenile and the juvenile's parent or guardian to perform community service together.