9.10.030 Curfew for unemancipated minors.
A. Except as provided in subsection (C) of this section, it shall be unlawful for any unemancipated person to be in or upon any sidewalk, street, alley, or public place between the hours of midnight and 5:00 a.m. of any day. “Public place” as used herein means any place to which the public or a substantial group of the public has access.
B. It shall be unlawful for any parent, guardian or other person having legal care and custody of any unemancipated minor to allow or permit the unemancipated minor to go or be in or upon any of the sidewalks, streets, alleys or public places in the city within the times provided in subsection (A) of this section.
C. It shall be a defense to any prosecution brought under subsection (A) or (B) of this section that any unemancipated minor was:
1. Accompanied by an adult having the care and custody of such person;
2. Attending or returning home from a function of any school, civic organization, or church;
3. Attending or returning home from a lawful entertainment, amusement, commercial or civic activity;
4. On an emergency errand or specific business or activity directed by his or her parent, guardian, or other adult having custody or care of the unemancipated minor; or
5. Engaged in legitimate employment which requires his or her presence at the public places during the prohibited hours.
D. No person owning or operating a business shall permit to be, or to remain, on the premises where said business is conducted any unemancipated minor, between midnight and 5:00 a.m., unless in the immediate presence of the parent, guardian or other adult person having legal care and custody of said minor. This section, however, shall not apply to any unemancipated minor who is lawfully employed on the premises.
E. Violation of the provisions of this section shall be a Class C misdemeanor. [Code 2000 § 6-5-3].