A. It is unlawful for any minor under the age of sixteen (16) years to be in, about, or upon any place in the City away from the property where the youth resides between the hours of 10:00 p.m. and 5:00 a.m. of the following day.

B. It is unlawful for any minor, sixteen (16) years of age or older and under the age of eighteen (18) years, to be in, about, or upon any place in the City away from the property where the youth resides between the hours of 12:00 a.m. and 5:00 a.m. of the following day.

C. It is unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control, allow a minor to violate subsection 11-1.1. D. It is unlawful for a parent, guardian or other person having the care, custody or supervision of the minor to fail or refuse to take custody of the minor after such demand is made upon him/her by a Law Enforcement Officer who arrests the minor for violation of subsection 11-1.1 as listed above.

11-1.2. Defenses/exceptions. It is a defense to prosecution under subsection 11-1.1 that the minor was:

A. Accompanied by the minor's parent or guardian.

B. With prior permission of the parent or guardian, in a motor vehicle involved in interstate travel.

C. With prior permission of the parent or guardian, in an employment activity or going to or returning home from an employment activity without any detour or stop by the most direct route.

D. Involved in an emergency.

E. With prior permission of the parent or guardian, was engaged in reasonable, legitimate, and specific business and/or activity. Examples include, but are not limited to, a juvenile with prior permission of the parent or guardian, attending an official school, religious or other recreational activity supervised by adults who take responsibility for the minor, or going to or returning home from an official school, religious or other recreational activity supervised by adults who take responsibility for the minor.

F. With prior permission of the parent or guardian, engaged in a reasonable and legitimate exercise of First Amendment rights protected by the United States Constitution.
G. Married and sixteen (16) years of age or over, or in the military.
H. On the sidewalk abutting their residence or on the next door neighbor's property with the consent of the neighbor.

11-1.3. Enforcement.
A. Before taking any enforcement action under this section, a Police Officer shall attempt to ascertain the apparent offender's age and reason for being in the place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred, and that, based upon the circumstances, the minor's responses, and minor's conduct, none of the circumstances constituting a defense, as listed hereinabove appears to be available.
B. In addition to any other powers s/he may have, any Law Enforcement Officer who arrests a minor for violating any of the provisions of subsection 11-1.1 is also hereby empowered to demand of the parent or guardian or other person having the care, custody or supervision of the minor, that such parent, guardian or other person come and take the minor into custody. The Law Enforcement Officer is also empowered to take the minor to a designated location where arrangements can be made for a parent, guardian or other appropriate party to take the minor into custody. Should there be a failure of the parent, guardian or other person to take custody of such minor, the officer is then empowered to take the minor home.

A. A person convicted of a violation of any provision of subsection 11-1.1 shall be guilty of a Class 1 misdemeanor. This offense is designated an incorrigible offense for minors under the jurisdiction of the juvenile court.

B. Each violation of the provisions of subsection 11-1.1 shall constitute a separate offense.

(Ord. No. 2988, § 3, 6-24-99)