Curfew violation, prohibiting children under certain years of age from loitering or remaining upon the public streets or highways or in any public place after certain hours of the night, to fix the responsibility for the violation of the provisions thereof and to provide a penalty for the violation thereof.
(A) It shall be unlawful for any minor under the age of 17 years to loiter, idle, congregate or otherwise be in or on any public street, highway, alley or any public place between the hours of 10:00 p.m. and 6:00 a.m. immediately following on Sunday, Monday, Tuesday, Wednesday and Thursday of each week, and between the hours of 12:00 a.m. and 6:00 a.m. immediately following on Friday and Saturday of each week, except when the minor is accompanied by a parent or guardian or where the presence of the minor in the place or places is connected with and required by some legitimate work, trade, profession or occupation in which the minor is engaged, or where the minor is upon an errand or other legitimate business directed by his or her parent or guardian.
(B) Any person of the age of 17 or over assisting, aiding, abetting or encouraging any minor under the age of 17 years to violate the provisions of division (A) above, shall be guilty of a violation of this chapter.
(C) When any minor is found violating the provisions of division (A) above, a presumption shall arise that the parent or guardian having the care and custody of the minor allowed, permitted, assisted, aided, abetted and encouraged the minor is so violating division (A) above.
(D) This section does not apply to a minor who is:
(1) Accompanied by the minor's parent or guardian;
(2) On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(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 complain to the police department about the minor's presence;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the village, 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 village, a civic organization, or another similar entity that takes responsibility for the minor;
(8) 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; or
(9) Married or had been married or had disabilities of minority removed in accordance with state law.
(Ord. 27, passed 12-14-1981) Penalty, see §
132.999
