§ 62-270. Curfew rules and regulations.

(a)

Purpose of article provisions. The purpose of this section is to establish a curfew law in the city and to provide rules and regulations for its enforcement.

(1)

Curfew hours. It is unlawful for any minor under the age of 17 years to loiter, idle, wander, stroll or to drive or ride in an automobile, or play in or upon the public or private streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 11:00 p.m. and 6:00 a.m. of the following day, except on Fridays and Saturdays when the hours shall be 12:00 midnight to 6:00 a.m. of the following day.

(2)

Duties of parents. No person who is the parent, guardian, or other adult having the care and custody of a minor under the age of 17 years shall knowingly or with reason to know, permit such minor to violate the provisions of this section.

(3)

Procedure upon violation. Any police officer finding a minor violating the provisions of this section shall warn the minor to cease and desist immediately from such violation. The police officer may take the minor into custody and release him to his parents or guardian or release the minor at the scene with a written notice of referral to the juvenile court.

(4)

Exemptions. The provisions of this section do not apply to a minor if the minor:

a.

Is accompanied by the minor's parent or guardian;

b.

Is on an errand at the direction of the minor's parent or guardian, without any detour or stop;

c.

Is in a motor vehicle involved in interstate travel;

d.

Is engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

e.

Is involved in an emergency;

f.

Is 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;

g.

Is attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, 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 city, a civic organization, or another similar entity that takes responsibility for the minor;

h.

Is 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

i.

Is married or had been married or had disabilities of minority removed.

(5)

Penalties. Any parent, guardian or person in charge of such child who shall knowingly permit such child again to violate the provisions of subsection (a)(1) of this section after receiving notice of the first violation, shall be found guilty of a misdemeanor.

(b)

Subsequent violations by persons under 17 years of age. Any person under the age of 17 years who violates subsection (a)(1) of this section after having received notice of the first violation as described in subsection (a)(3) of this section shall be dealt with in accordance with the juvenile laws of the state.

(Code 1969, § 18-135; Ord. No. 1568, § 1, 1-10-1994)