Chapter 9.16 OFFENSES BY OR AGAINST MINORS
Section 9.16.030 Curfew restrictions.
A. It is unlawful for any minor to
be present in any public place or on the premises of any
establishment within the city during curfew hours.
B. It is unlawful for any parent or
guardian of a minor to knowingly permit, or by
insufficient control to allow, the minor to be present in any public place or on the premises of
any establishment within the city during curfew hours.
C. It shall be a defense to prosecution
under subsection A or B of this section that the minor
was:
1. Accompanied by the minor's parent
or guardian, or by a responsible adult;
2. On an errand at the direction of
the minor's parent or guardian, or the responsible adult,
without any detour or stop;
3. In a motor vehicle involved in
interstate travel;
4. Engaged in an employment activity,
or going to or returning home from an employment
activity, without any detour or stop;
5. Involved in an emergency;
6. On the sidewalk abutting the minor's
residence;
7. Attending an official school, religious,
or other recreational activity supervised by adults
and sponsored by the city, a civic organization, or another similar entity that takes responsibility
for the minor, or going to or returning home from, without any detour or stop, an official school,
religious, or other recreational activity supervised by adults and sponsored by the city, a civic
organization, or another similar entity that takes responsibility for the minor;
8. Exercising First Amendment rights
protected by the United States Constitution; or
9. Emancipated pursuant to law.
D. Before taking any enforcement action
under this section, a police officer shall ask the
suspected offender his or her age and the reason for being in the public place or on the premises
of the establishment during curfew hours. The officer shall not issue a citation or make an arrest
for a violation of this chapter unless the officer reasonably believes that an offense has occurred
and that, based on any responses and other circumstances, no defense as enumerated herein is
present or applicable. (Ord. 554 § 2 (part), 1997)