§ 34-62. Defenses.

(a)

It shall be an affirmative defense to charges under subsections (b) and (c) of section 34-61 that the minor was:

(1)

Involved in an emergency; or

(2)

On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor's presence; or

(3)

Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization, religious organization, or another similar entity; or

(4)

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, religious organization, or another similar entity; or

(5)

On an errand at the direction of his or her parent or guardian, without any detour or stop.

(b)

It shall be an affirmative defense to charges under subsection (c) of section 34-61 that the minor has been determined by a court prior to the alleged violation to be beyond the control of the parent or guardian.

(Ord. No. 376-94, § 2, 5-31-94)