(a) No child, of the ages specified in subsection (a)(1), (a)(2) or (a)(3), shall be about, enter or remain upon any street, alley, park, sidewalk or other public place, either on foot or any type of vehicle (motorized or non-motorized), during the hours designated herein unless accompanied by the child's parent(s), legal guardian or other adult responsible for the care and control of the child pursuant to the consent of the child's parent(s), legal guardian or court order. Specifically, Section 509.12(a) is applicable to the following:
(1) A child under the age of eleven, between the hours of 10:00 p.m. and 5:00 a.m.
(2) A child age eleven or older, but under the age of sixteen, between the hours of 11:00 p.m. and 5:00 a.m.
(3) A child age sixteen or older, but under the age of eighteen, between the hours of 12:00 midnight and 5:00 a.m.
(b) Any child who violates Section 509.12(a) shall be deemed unruly, neglected, dependent and/or a child without proper parental care pursuant to Ohio Revised Code Sections 2151.022, 2151.03, 2151.04 and 2151.05.
(1) It is an affirmative defense to a violation of Section 509.12(a) that the child was returning directly home from a lawful, adult sponsored and supervised, activity or employment, or that the child was responding to a life-threatening emergency at the direction or on behalf of his or her parent(s), lawful guardian or other adult having the care and/or control of the child with the consent of the child's parent(s) or lawful guardian.
(c) No parent, lawful guardian or other adult person having the care and/or control of a child with the consent of the child's parent, lawful guardian or court order, shall permit or allow his or her child to violate Section 509.12(a).
(1) Any person who violates Section 509.12(c) shall be guilty of a misdemeanor of the first degree.
(2) It is an affirmative defense to a violation of Section 509.12(c) that the parent(s), lawful guardian or other adult person having the care and/or control of a child immediately called and reported to the police the child's refusal or failure to abide by the curfew.
(d) No person operating or in charge of any place of amusement, entertainment, refreshment or other place of business shall allow or permit, either purposefully, recklessly and/or negligently, any child to be about, enter and/or remain in or at such place in violation of Section 509.12(a).
(1) Any person who violates Section 509.12(d) shall be guilty of a misdemeanor of the first degree.
(2) It is an affirmative defense to a violation of Section 509.12(d) that the person called the police and reported the child's presence at the establishment immediately upon discovering or observing the child in or at the establishment.
(e) The Court, in its discretion, may waive, reduce or suspend the penalty prescribed for any infraction herein, and may impose such conditions on any suspension as it deems just. In lieu of the penalty prescribed herein, the Court may order a violator of § 509.12(a), § 509.12(c) and/or § 509.12(d) to attend counseling or an educational program, perform community service, and/or any other type of diversionary program and pay the cost or fee associated therewith.
(Ord. 714-94. Passed 12-20-94.)