§ 132.01. CURFEW FOR MINORS.

(A)

Definitions: Whenever used in this section:

CURFEW HOURS :

(1)

11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and

(2)

12:00 midnight on any Saturday or Sunday and until 6:00 a.m. of the same day.

EMERGENCY : An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

ESTABLISHMENT : Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

GUARDIAN :

(1)

A person who, under court order, is the guardian of the person of a minor; or

(2)

A public or private agency with whom a minor has been placed by a court.

MINOR : Any person under seventeen (17) years of age.

OPERATOR : Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officer of a corporation.

PARENT : A person who is:

(1)

A natural parent, adoptive parent, or stepparent of another person; or

(2)

At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

PUBLIC PLACE : Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

REMAIN : Means to:

(1)

Linger or stay; or

(2)

Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

SERIOUS BODILY INJURY : Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(B)

Offenses:

(1)

A minor commits an offense if he remains in any public place or on the premises of any establishment within the village during curfew hours.

(2)

A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows the minor to remain in any public place or on the premises of any establishment within the village during curfew hours.

(3)

The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

(C)

Defenses:

(1)

It is a defense to prosecution under subsection (B) of this section that the minor was:

(a)

Accompanied by the minor's parent or guardian;

(b)

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

(c)

In a motor vehicle involved in interstate travel;

(d)

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

(e)

Involved in an emergency;

(f)

Attending a government, school, religious, or other recreational activity supervised by adults, approved and authorized by a parent or guardian. The activity shall be sponsored by the government, school, or religious organization, or any entity authorized by parent or guardian that takes responsibility for the minor, and, the minor is going to or returning home from the activity;

(g)

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

(h)

Married or had been married or is an emancipated minor under the emancipation of mature minors act, as amended.

(2)

It is a defense to prosecution under subsection (B)(3) of this section that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(D)

Enforcement: Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public 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 on any response and other circumstances, no defense in subsection (C) of this section is present.

(Ord. 97, passed 5-3-1960; Am. Ord. 233, passed 8-13-1963; Am. Ord. 95-11, passed 1-24-1995; Am. Ord. 97-23, passed 3-25-1997; Am. Ord. 04-40, passed 4-13-2004)