It is the intent and purpose of this chapter to address the city's interest in protecting the welfare of its youth population, reducing juvenile crime and victimization, and promoting the safety and well-being of juveniles by protecting them from improper influences that prevail after the curfew hour. (Ord. 1064 §1, 1994)

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word shall is always mandatory, not merely directory.

(A) Loitering or loiter means remaining idle in essentially one location, to be dilatory, to tarry, to dawdle, to linger, and shall include but not be limited to standing around, wandering about, and hanging out, whether in or out of a vehicle.

(B) Permit or allow means to consent, to tolerate, to give permission, to authorize, or to give opportunity.

(C) Public place means any place to which the public or a substantial group of the public has access, and includes streets, highways, parks, playgrounds, vacant lots, parking lots, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, stores, shops, restaurants, taverns, and bowling alleys. (Ord. 1064 §1, 1994)

It is unlawful for any child under the age of eighteen years to loiter upon any street, alley, or other public place subsequent to the hour of 10:30 p.m., or prior to the hour of 5:00 a.m.; provided that, on Friday and Saturday nights, the curfew hours for children who have reached age fifteen but are below age eighteen shall be extended to the hour of 1:00 a.m. with permission of parents. The provisions of this section shall not apply in the following instances:

(A) When a minor is accompanied by his or her parent, guardian, or other adult person who is twenty-one years of age or older and who has the permission of the parent or guardian to have the care and custody of the minor;

(B) When the minor is engaging in interstate travel;

(C) When the minor is returning directly home from a school activity, entertainment, recreational activity, or dance;

(D) When the minor is returning directly home from lawful employment that makes it necessary to be in the above-referenced places during the prescribed period of time;

(E) When the minor is attending or travelling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly, or free exercise of religion. (Ord. 1064 §1, 1964)

It is unlawful for any parent, guardian, or other person having care or custody of any child under the age of eighteen years to knowingly allow or permit any such child to violate section 9-62-030 of this chapter. Knowingly includes knowledge which a parent should be reasonably expected to have concerning the whereabouts of the minor in that adult's custody. It shall be no defense that the responsible adult was indifferent to the activities, conduct, or whereabouts 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 this chapter. (Ord. 1064 §1, 1994)

Severability is intended throughout and within the provisions of this chapter. If any provision, including any exception, part, phrase, or term, or the application thereof to any person or circumstance is held invalid, the application to other persons or circumstances shall not be affected thereby and the validity of this chapter in any and all other respects shall not be affected thereby. (Ord. 1064 §1, 1994)