§ 46-256. Minors' curfew.

(a)

It shall be unlawful for any person between the ages of 12 years and 17 years of age to loiter, idle, congregate or remain in or upon any street, alley, park, or public place in the city, between the hours of 10:00 p.m. and 6:00 a.m. immediately following (EST or EDST), on Monday, Tuesday, Wednesday, Thursday and Sunday, and between the hours of 11:00 p.m. and 6:00 a.m. immediately following (EST or EDST), on Friday and Saturday, unless such person is accompanied by his parent, guardian or other person having legal custody, or while the performance of some lawful employment of such minor makes it necessary that such minor be upon a street, alley, park or public place during the nighttime, between such specified hours on such specified days, and except as otherwise provided in this section.

(b)

It shall be unlawful for any person under the age of 12 years to loiter, idle, congregate or remain in or upon any street, alley, park or public place in the city, between the hours of 10:00 p.m. and 6:00 a.m. immediately following (EST or EDST), unless such person is accompanied by his parent, guardian or other person having legal custody of the minor.

(c)

Any person of the age of 16 years or over, assisting, aiding, abetting, allowing, permitting or encouraging any minor under the age of 17 years to violate the provisions of subsections (a) and (b) of this section is guilty of a misdemeanor.

(d)

Students attending school functions or functions sponsored or authorized by the city's public or private schools, or community-sponsored functions, shall be in their respective homes within 60 minutes after such programs close. This shall include sporting events.

(e)

A student working between the hours set forth in subsection (a) of this section shall secure a card or note from his employer if he is upon the streets or public places between the hours above set forth and shall, between those hours, have his card in his possession and exhibit the card to any officer upon request.

(f)

It shall be unlawful for any parent, guardian or other person having the legal care and custody of any minor under the age of 17 years to allow or permit any child, while in his legal custody, to violate subsections (a) and (b) of this section.

(g)

Each member of the city police department, county sheriff's department, deputy sheriff, or state police, or other police agency, while on duty, is hereby authorized to arrest without warrant any person within his presence violating any of the provisions of this section and detain such person for a reasonable time until a complaint can be made and a warrant issued and served.

(h)

Any person, either minors under the age of 17 years, or parent, guardian or legal guardian of any such minor, violating any of the provisions of this chapter, shall be punished by a fine as prescribed in section 1-25.

(Ord. No. 43, § 1, 1-9-95)