Chapter 5

Minors

5-5-1: Regulations For Minors


It shall be unlawful for any person under the age of eighteen (18) years living or found in the City to be or to remain a person who has run away from his parents, guardian or other legal custodian, or who commits or has committed any act or acts placing him beyond the control of his parents, guardian or other legal custodian, or to become or attempt to become intoxicated by inhaling the fumes of gasoline, toluene, or any other solvent or product containing any such solvent. (1952 Code § 6-12-01; amd. 2019 Code)

5-5-2: Curfew

5-5-2-1: Definitions


The terms as used in this section 5-5-2 shall have the following meanings:

EMERGENCY: An unforeseen circumstance or combination of circumstances that requires immediate action to safeguard life, limb or property. Emergencies shall include, but shall not be limited to, fires, natural disasters, automobile crashes or other similar circumstances.

ESTABLISHMENT: Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, places for amusement or entertainment. The operator of an establishment shall include the person authorized with management responsibilities who is on the premises of the establishment at the time in which a minor is located on the premises, the person with overall authority for managing the establishment and the person or entity who owns the establishment.

GUARDIAN: A person who has been judicially appointed as the legal guardian, or a person over the age of eighteen (18) who has been authorized by the legal guardian or parent to assume care, control and responsibility for the minor for a definitive period of time.

MINOR: Any person under the age of eighteen (18).

PARENT: A minor's biological, adoptive or stepparent.

PUBLIC PLACE: Any place to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, thoroughfares, sidewalks, alleys, parking lots, parks and the common areas of schools, hospitals, apartment complexes, office buildings, transportation facilities, entertainment facilities and shops.

REMAIN: To stay or linger at or upon a place; or to fail to depart when requested to do so by a police officer or a person with authority to act in the interest of the establishment or public place at which the minor is located. (1952 Code § 6-10-01)

5-5-2-2: Regulations


A. Regulation Of Minors: It shall be unlawful for any minor to remain in or upon any public place, to remain in any motor vehicle operating or parked in or upon a public place or establishment, or to remain in or upon the premises of any establishment, between the hours of twelve o'clock (12:00) midnight and five o'clock (5:00) A.M., unless their presence is explained by one of the enumerated exceptions. (1952 Code § 6-10-02.01)


B. Exceptions: Exceptions to the regulation of minors include:

1. The minor is accompanied by a parent or guardian.

2. An emergency situation exists.

3. The minor is engaged in an employment activity, or is going to or returning home from such activity without detour or stop, except for purposes of obtaining fuel for transportation.

4. The minor is on a sidewalk directly abutting the place in which they reside; or within three hundred feet (300') of their residence and the neighboring residents have not issued a complaint about the minor's presence.

5. The minor is attending an activity sponsored by a school, religious or civic organization, by a public organization or entity, or by another similar organization or entity, which activity is supervised by adults; or is going to or returning from such activity without detour or stop, except for purposes of obtaining fuel for transportation.

6. The minor is on an errand and has in their possession written parental authorization for the errand, to include the destination of the errand, time allotted for the errand and a contact telephone number to verify parental authorization.

7. The minor is involved in interstate travel through, or beginning or terminating in, the City.

8. The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly. (1952 Code § 6-10-02.02)


C. Parental Responsibility: It is the responsibility of the parent or legal guardian to ensure that a minor complies with this section 5-5-2. It shall be unlawful for a parent or legal guardian to knowingly permit, allow or encourage a violation of this section 5-5-2. (1952 Code § 6-10-02.03)


D. Operator Of Establishment: It shall be unlawful for any operator of an "establishment", as defined in section 5-5-2-1 of this chapter, to knowingly permit, allow or encourage a minor to remain at or upon the premises of the establishment in violation of this section. It shall be a defense to this violation that the operator or an employee of the establishment promptly notified police that a minor was present at the establishment and refused to leave when requested. (1952 Code § 6-10-02.04)


E. Operator Or Owner Of Motor Vehicle: It shall be unlawful for the owner or operator of a motor vehicle to knowingly permit, allow or encourage a violation of this section 5-5-2. (1952 Code § 6-10-02.05)


F. Required Information: Every person suspected of a curfew violation shall provide their name and age to a police officer upon request. Any person who refuses to provide such information, or who knowingly gives false information regarding their name or age, or another person's name or age to any police officer conducting an investigation under this section 5-5-2 shall be in violation of this section 5-5-2. (1952 Code § 6-10-02.06)

5-5-2-3: Enforcement


Before taking any enforcement action under this section, a police officer shall investigate whether the minor's presence in a public place, motor vehicle or establishment falls within one of the enumerated exceptions to minor regulations. If the officer cannot reasonably determine the existence of one of the enumerated exceptions, and probable cause otherwise exists, the officer may take appropriate enforcement action. (1952 Code § 6-10-03.01)

5-5-2-4: Penalty


Any person found to be in violation of any of the provisions of this section 5-5-2 shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code. (1952 Code § 6-10-03.02; amd. 2019 Code)