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Curfew Law

These are the statutes concerning curfew.

Sec. 62-151. Definitions.
For the purposes of this article, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise:
Adult  means a person 21 years of age or older. 
Loiter  means to be dilatory, to stand idly around, to linger, delay or wander about, or to remain idle in or about a public place, whether in or out of a vehicle. 
Permit  or  allow  means to consent, to tolerate, to give permission, to authorize, or to give opportunity through ineffective or insufficient control. 
Public place  means in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public buildings, private property open to the public, places of amusement, eating places, parking lots, vacant lots, private or public school parking lots and grounds, or any similar place. 
(Ord. No. 4084, § 1, 8-20-2007)
Cross references:  Definitions, § 1-2. 

Sec. 62-152. Curfew.
(a)   Minors age 17 or younger. Except as set forth in section 62-153, it shall be unlawful for any minor 17 years of age or younger to be or to loiter in a public place, unsupervised by an adult having the lawful authority to be in such public place where the minor is or is loitering, between the hours of 10:00 p.m. on any day and 6:00 a.m. of the following day; except that on Saturday and Sunday the effective hours of this prohibition are between 12:00 midnight and 6:00 a.m.
(b)   Violations of this section shall be punishable by a fine not to exceed limits established in section 1-5.
(Ord. No. 4084, § 1, 8-20-2007)

Sec. 62-153. Exceptions.
The following activity shall not constitute a violation of section 62-152 where the minor is:
(1)   Accompanied by his parent, guardian, or other adult who has the lawful care and custody of the minor;
(2)   Upon an emergency errand directed by his parent, guardian, or other adult who has the lawful care and custody of the minor;
(3)   Going to or returning directly home from a school activity, entertainment, recreational activity, or dance;
(4)   Returning directly home from lawful employment that makes it necessary to be in the above referenced public places during the proscribed period of time;
(5)   Attending or traveling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly, or the free exercise of religion; or
(6)   Traveling interstate through the city.
(Ord. No. 4084, § 1, 8-20-2007)

Sec. 62-154. Parental failure to supervise.
It shall be unlawful for the parent, guardian, or other adult having the care, control or custody of the minor to knowingly permit or allow such minor to be or to loiter in violation of section 62-152. The term "knowingly" includes knowledge which a parent should be reasonably expected to have concerning the whereabouts of the minor in that adult's custody or indifference to activities of the minor. The provisions of this section do not apply if the responsible adult has made a missing person notification to the appropriate police department prior to the minor's violation of section 62-152.
(Ord. No. 4084, § 1, 8-20-2007)
Secs. 62-155--62-180. Reserved.

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