§ 9.04.140. Curfew—Time of curfew; age requirements.

A.

No person seventeen (17) years of age or under shall be on foot, bicycle or in any type of vehicle on any public street, avenue, alley, park, school grounds or other public places in the city between twelve midnight and five a.m. Monday through Sunday, seven days a week, unless accompanied by his/her parent or guardian, or person having lawful custody and control of his/her person, or unless there exists a reasonable necessity therefore. The fact that such child, unaccompanied by a parent, guardian or other person having legal custody, is found upon any street, alley or public place during the before mentioned hours shall be prima facie evidence that such child is there unlawfully and that no reasonable excuse exists.

B.

It shall be unlawful for any parent, guardian, or custodian of any person twelve (12) years of age or under to knowingly or by lack of reasonable supervision and control, allow such person twelve (12) years of age or under to violate Subsection A. For purposes of this subsection, custodian shall be defined as any person at least eighteen (18) years of age who has been authorized by a parent or guardian to have the care and custody of the person twelve (12) years of age or under.

C.

Exceptions. Children returning home from municipal, religious and school activities;

D.

Children returning home from employment;

E.

No person operating or in charge of any place of amusement, entertainment, refreshment, or other place of business, shall permit any minor under eighteen (18) to loiter, loaf or idle in such place during the hours prohibited by this section;

F.

Whenever the owner or person in charge or in control of any place of amusement, entertainment, refreshment, or other place of business, during the hours prohibited by this section, shall find persons under the age of eighteen (18) loitering, loafing or idling in such place of business, immediately shall order such person to leave, and if such person refuses to leave the place of business, the operator shall immediately notify the police department and inform them of the violation;

G.

Any member of the police force shall arrest, with or without warrant, any person or persons violating the provisions of subsections A—E of this section, and any child unaccompanied by a parent, guardian or other adult person having the lawful care and custody of such minor child;

H.

Definitions. As used in this chapter, the following terms shall have the following meanings:

"Guardian" means any person or persons appointed through the proper legal channels required by law as having the care and custody of a minor.

"Juvenile" means any person who comes under the jurisdiction of the juvenile court, which legally means any person under eighteen (18) years of age.

"Loiter" means to remain idle or stand around, wander, or saunter, stroll, play in or upon, or lag behind.

"Minor" means any person under the age of eighteen (18) years.

"Other adult person" means person or persons having legal care and custody by due process of law.

"Parent" means any natural parent of a minor, the parent through adoption of law, eighteen (18) years of age or over.

"Place open to the public" means any privately owned place of business carried on for profit or any place of amusement or entertainment to which the public is invited.

"Prima facie evidence" means a fact presumed to be true unless disproved by some evidence to the contrary.

"Public place" means any public street, highway, road, alley, park, school ground, playground, dock, public building or vacant lot.

"Vehicle" means any device in, upon or by which any person or property is or may be transported or drawn upon a highway.

(Prior code § 9-2-14)

(Ord. No. 223-2014, 1-22-2015)