§ 34-61. Curfew.
(a)
In this section:
(1)
Curfew hours means:
a.
11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 5:00 a.m. the following day; and
b.
12:01 a.m. on any Saturday or Sunday until 5:00 a.m. on the same day.
(2)
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, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(3)
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.
(4)
Guardian means:
a.
A person who, under court order, is the guardian of a minor; or
b.
A person who otherwise has legal custody of a minor; or
c.
A public or private agency with which a minor has been placed by a court.
(5)
Minor means a person under eighteen (18) years of age.
(6)
Parent means a person who is the natural parent, adoptive parent, step-parent, or foster parent.
(7)
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, sidewalks and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
(8)
Remain means to:
a.
Linger or stay; or
b.
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.
(9)
Serious bodily injury 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 body member or organ.
(b)
It shall be unlawful for a minor to be in any public place or on the premises of any establishment during curfew hours, unless he or she is:
(1)
Accompanied by his or her parent or guardian; or
(2)
In the custody of and accompanied by a person who has reached eighteen (18) years of age, but only if the person possesses the written consent of the minor's parent or guardian; or
(3)
In a motor vehicle currently being used in interstate travel; or
(4)
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop.
(c)
It shall be unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to be in or remain in any public place or on the premises of any establishment during curfew hours unless the minor is:
(1)
Accompanied by the minor's parent or guardian; or
(2)
In the custody of and accompanied by a person who has reached eighteen (18) years of age, but only if the person possesses the written consent of the minor's parent or guardian; or
(3)
In a motor vehicle currently being used in interstate travel; or
(4)
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop.
(Code 1950, § 812.1; Ord. No. 376-94, § 2, 5-31-94)