Curfew Hours for Minors

a. Definitions. In this section:

Curfew hours means:

1. 11:00 p.m. to 6:00 a.m. any day except Friday or Saturday; and

2. 12:00 midnight to 6:00 a.m. Friday and Saturday.

Emergency means, but is not limited to, a fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

Establishment means any privately-owned place of business operated for profit to which the public is invited, including but not limited to any place of amusement or entertainment.

Holding location means a place designated by the Police Chief to which a minor taken into custody for a violation of this section will be delivered to await pick up by a parent or juvenile authorities.

Minor means any person under seventeen (17) years of age.

Parent means a person who is:

1. A natural or adoptive parent of a minor;

2. A court-appointed guardian of a minor; or

3. At least eighteen (18) years of age and authorized by a parent or court-appointed guardian to have the care and custody of a minor.

Public place means any street, alley, highway, sidewalk, playground, park, plaza, building, or other place used by or open to the public.

Remain means to:

1. Linger or stay unnecessarily; or

2. Fail to leave premises when requested to do so by a Police Officer or the owner, operator, or other person in control of the premises.

b. Offenses.

1. It is unlawful for a minor to remain in any public place or on the premises of any establishment within the City during curfew hours.

2. It is unlawful for a parent with knowledge to permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the City during curfew hours.

c. Defenses. It is a defense to prosecution under subsection b. that the minor was:

1. Accompanied by the minor's parent;

2. On an errand or other legitimate business at the direction of the minor's parent;

3. In a motor vehicle involved in interstate or intrastate travel;

4. Engaged in an employment activity, including but not limited to newspaper delivery;

5. Involved in an emergency;

6. On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not object to the minor's presence;

7. Attending or returning home from an official school or religious activity;

8. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and right of assembly; or

9. Married or had been married or had disabilities of minority removed in accordance with State law.