§ 38-53. Curfew.

(a)

It shall be unlawful for any minor (person under the age of 18 years) to loiter or remain upon any public street, alley or other public place after the time of 11:00 p.m. or prior to the time of 5:00 a.m.; provided, however, that on Friday and Saturday the prohibited hours shall be from 12:00 midnight to 5:00 a.m.

(b)

It shall be unlawful for any parent, legal guardian or other person 21 years of age or older having care and custody of such minor to allow such minor to loiter or remain upon any public street, alley or other public place after the time of 11:00 p.m. or prior to the time of 5:00 a.m.; provided, however, that on Friday and Saturday the prohibited hours shall be from 12:00 midnight to 5:00 a.m.

(c)

It shall be an affirmative defense to the offenses described in subsections (a) and (b) of this section that the minor is:

(1)

Accompanied by a parent or legal guardian;

(2)

Is traveling to or from a place of employment or engaged in lawful employment without a detour or otherwise stopping;

(3)

Is attending or traveling to or from a supervised activity sponsored by a school, civic, religious or other recognized public organization;

(4)

Involved in the exercise of First Amendment rights protected by the United States and/or state constitutions;

(5)

Engaged in interstate travel;

(6)

On the sidewalk abutting the minor's parents' or legal guardian's residence;

(7)

Involved in an emergency situation. For the purposes of this section, the term "emergency" shall mean those situations where life or property is in imminent danger and the prompt summoning of aid or escape is essential; or

(8)

Married or had the disabilities of being a minor lawfully removed.

(Ord. No. 18-18, § 1, 4-16-2019)