§ 9.58.010. Prohibition against juvenile being in public place between the hours of ten p.m. until six a.m. the following day.

A.

Curfew. It is unlawful for any minor under the age of eighteen (18) years to remain in or upon any "public place," as defined in Section 9.02.090, between the hours of ten p.m. until six a.m. the following day.

B.

Exceptions. The provisions of Subsection A of this Section shall not apply when:

1.

The minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor;

2.

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

3.

The minor is in a motor vehicle involved in interstate travel;

4.

The minor is engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

5.

The minor is involved in an emergency requiring immediate action to prevent serious bodily injury or loss of life;

6.

The minor is on the sidewalk abutting the minor's residence;

7.

The minor is 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 the minor is 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.

The minor is exercising First Amendment rights protected by the United States Constitution;

9.

The minor is emancipated pursuant to law.

C.

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 exception under Subsection B of this Section is present.

(Ord. C-7488 § 1, 1997: Ord. C-6503 § 1, 1988: Ord. C-5938 § 1, 1983)