§ 42-2. Midnight curfew.  


Latest version.
  • (a)

    Generally. It shall be unlawful for any minor 17 years of age or younger to loiter, wander, stroll or play in or upon or be upon public streets, sidewalks, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement, vacant lots or any place unsupervised by an adult over the age of 18 years having lawful parental authority over such minor or an adult who is the lawful guardian of such minor, between the hours of 12:00 midnight on any day and 5:00 a.m. of the following day; and provided that the provisions of this section shall not apply in the following instances:

    (1)

    When a minor is accompanied by his parent, guardian, or other adult person having the lawful care and custody of the minor;

    (2)

    When the minor is upon an emergency errand directed by his or her parent, guardian, or other adult having lawful care and custody of such minor;

    (3)

    When the minor is returning directly home from a school activity or entertainment, and school sponsored or school related events, including recreational activities or dances;

    (4)

    When the minor is returning directly home from lawful employment that makes it necessary to be in the above referenced places during the prescribed period of time;

    (5)

    When the minor is attending or traveling directly to or from any activity involving the exercise of First Amendment rights of speech, freedom of assembly or free exercise of religion;

    (6)

    When the minor is in a motor vehicle with parental consent, or the consent of a lawful guardian for normal interstate travel through the city; and

    (7)

    When the minor is on the property of the building in which he resides.

    (b)

    Responsibility of parents. It shall be unlawful for the parent, guardian, or other person having custody and control of any child 17 years of age or younger to permit or by insufficient control to allow such child to be in or upon public streets or any other places listed in subsection (a) of this section within the city between the hours of 12:00 midnight on any day and 5:00 a.m. of the following day except in circumstances set forth in subsections (a)(1) through (a)(7) of this section. Upon conviction of violating this section for the first time, the person shall be subject to such punishment as the municipal court of the city sees fit as in the Charter of the city. Each violation of this section shall constitute a separate offense.

(Ord. No. 2003-2, § 11-26(2), 8-12-2003)