§ 46-6. Curfew.

(a)

Glossary. The following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Curfew hours means:

(1)

On any Sunday, Monday, Tuesday, Wednesday or Thursday, from 10:00 p.m. until 6:00 a.m. of the following day; and

(2)

On any Friday or Saturday, from 12:00 a.m. until 6:00 a.m. of the following day.

Emergency 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, a natural disaster, or 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 a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

Guardian 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 a court.

Minor means any person less than 18 years of age.

Operator means any individual, firm, associate, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

Parent means a person who is:

(1)

A natural, adoptive parent, or stepparent of another person; or

(2)

At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

Public place 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, offices buildings, transport facilities, and shops.

Remain means to:

(1)

Linger or stay; or

(2)

Fail to leave the 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)

A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours.

(2)

A parent or guardian of a minor commits an offense if he knowingly permits or by insufficient control allows the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.

(3)

The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

(c)

Defenses.

(1)

It is a defense to prosecution under this section if the minor was:

a.

Accompanied by the minor's parent or guardians;

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 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 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, 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;

i.

Married or had been married or had disabilities of minority removed in accordance with applicable state law.

(2)

It is a defense to prosecution under this section if the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(d)

Enforcement. 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.

(e)

Fines.

First time offender: Written warning

Second time offender: $25.00

Third time offender: $50.00

Fourth time offender: $500.00

(Ord. No. 2008-523, 8-27-2008)