Chapter 15 OFFENSES--MISCELLANEOUS*
Sec. 15-11. Exceptions to section 15-10.
The following shall constitute valid exceptions to the operation of
section 15-10.
(a) When a juvenile is accompanied by a parent of such a
juvenile;
(b) When a juvenile is accompanied by an adult authorized by a
parent of such juvenile to take said parent’s place in accompanying said
juvenile for a designated period of time and purpose within a specified
area;
(c) When the juvenile is on an errand as directed by his/her parent
until the hour of 12:30 a.m.;
(d) When a juvenile 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, by first
delivering to the person designated by the city’s chief of police to
receive such information a written communication, signed by the juvenile and
countersigned, if practicable, by a parent of the juvenile with their home
address and telephone number, specifying when, where and in what manner the
juvenile will be in a public place during hours when section 15-10 is applicable
to said minor in the exercise of a First Amendment right specified in such
communication.
(e) In case of reasonable necessity for the juvenile
remaining in a public place but only after the juvenile’s parent has
communicated to the chief of police or the person designated by the chief of
police to receive such notifications the facts establishing the reasonable
necessity relating to a specified public place at a designated time for a
described purpose including points of origin and destination. A copy of the
communication, or of the police record thereof, duly certified by the chief of
police to be correct, with an appropriate notation of the time it was received
and of the names and addresses of the parent and juvenile, shall be admissible
evidence;
(f) When a juvenile is on the sidewalk or property where the
juvenile resides, or on either side of or across the street from the place where
the juvenile resides and the adult owner or resident of that property has given
permission for the juvenile to be there;
(g) When a juvenile is returning
home by a direct route (without any unnecessary detour or stop) from and within
one hour of the termination of a school activity or an activity of a religious
or other voluntary association, or a place of public entertainment, such as a
movie, play or sporting event. If the event is not commercial in nature or does
not have a fixed, publicly known time at which it will or does end, the
sponsoring organization must register the event with the chief of police (or his
assigned representative) at least twenty-four (24) hours in advance, informing
the police department of the time that such event is scheduled to begin, the
place at which it shall be held, the time at which it shall end, and the name of
the sponsoring organization.
(h) When authorized, by special permit from the
chief of police carried on the person of the juvenile thus authorized, as
follows. When necessary nighttime activities of a juvenile may be inadequately
provided for by other provisions of this section, then recourse may be had to
the chief of police, either for a regulation as provided in subsection (i) or
for a special permit as the circumstances warrant. Upon the findings of
reasonable necessity for the use of a public place to the extent warranted by a
written application signed by a juvenile and by a parent of the juvenile, if
feasible, stating (1) the name, age and address of the juvenile; (2) the name,
address, and telephone number of a parent thereof; (3) the height, weight, sex,
color of eyes and hair and other physical characteristics of the juvenile; (4)
the necessity that requires the juvenile to remain upon a public place during
the curfew hours otherwise applicable; (5) the public place; and (6) the
beginning and ending of the period of time involved by date and hour, the chief
of police may grant a permit in writing for the juvenile’s use of a public
place at such hours as in the opinion of the chief of police may reasonably be
necessary and consistent with the purposes of this section. In an emergency this
may be handled by telephone or other effective communication, with a
corresponding record being made contemporaneously to the chief of police or to
the person designated by the chief of police to act on his behalf in an
emergency, at the police station;
(i) When authorized, by regulation issued
by the chief of police in other similar cases of reasonable necessity, similarly
handled but adapted to reasonably necessary nighttime activities of more
juveniles than can readily by dealt with on an individual special permit basis.
Normally such regulation by the chief of police permitting use of public places
should be issued sufficiently in advance to permit appropriate publicity through
news media and through other agencies such as the schools, and shall define the
activity, the scope of the use of the public places permitted, the period of
time involved not to extend more than one hour beyond the time for termination
of the activity, and the reason for finding that the regulation is reasonably
necessary and is consistent with the purpose of this section;
(j) When the
juvenile is legally employed and carries a certified card of employment,
renewable each calendar month when the current facts so warrant, dated or
reissued not more than forty-five (45) days previously, signed by the chief of
police and briefly identifying the juvenile, the addresses of the
juvenile’s home and of the juvenile’s place of employment, and the
juvenile’s hours of employment;
(k) When the juvenile is, with
parental consent, engaged in normal interstate travel through the city or
originating or terminating in the city;
(l) When the juvenile is married or
has been married pursuant to state law;
(m) In the case of an operator of an
establishment, when the operator has notified the police that a juvenile was
present on the premises of the establishment during curfew hours and refused to
leave;
(n) Each of the foregoing exceptions, and their several limitations
such as provisions for notification, are severable, as hereinafter provided but
here reemphasized, and will be considered by the mayor and board of aldermen
when warranted by future experience illuminated by the views of student
government associations, school personnel, citizens, associations, parents,
officers and persons in authority concerned positively with juveniles as well as
with juvenile delinquency. (Ord. No. G-78-15, § 1, 6-15-78; Ord. No.
G-95-19, 6-15-95)
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