§ 911-27. Curfew for Minors.

(a)

Definitions.

(1)

"Minor" shall mean a person who is under the age of 18 years of age.

(2)

"Remain" shall mean to linger, stay behind, tarry, to stay upon the public right-of-way, street, alley, highway, sidewalk, playground, park, plaza, building, or other place used by or open to the public.

(3)

"Adult" shall mean a person at least 21 years of age.

(4)

"Emergency" shall mean any unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(5)

"Knowingly" shall have the same meaning as defined in Ohio Revised Code Section 2901.22.

(6)

"Emancipated Minor" shall mean a minor child under the age of 18 years of age and free of parental control.

(b)

It shall be unlawful for any minor under the age of 16 years to be, or remain in, about or upon any place in the city away from the dwelling house or usual place of abode of said minor, between the hours of 10:00 p.m. and 5:00 a.m. of the following day. The provisions of this section do not apply to said minor when accompanied by his or her parent, guardian or other adult person having the care, custody or supervision of said minor; or where said minor is on an emergency errand; or where said minor is exercising First Amendment Rights protected by the United States Constitution; or where said minor is going to or from employment; or is on specific business or activity directed or permitted by his or her parent, guardian or other adult person having the care, custody or supervision of said minor.

(c)

It shall be unlawful for any minor sixteen years of age or older and under the age of eighteen years to be, or remain in, about or upon any place in the city away from the dwelling house or usual place of abode of said minor, between the hours of 12:00 a.m. and 5:00 a.m. The provisions of this section do not apply to any emancipated minor or to a minor when accompanied by his or her parent, guardian or other adult person having the care, custody or supervision of said minor; or where said minor is on an emergency errand; or where said minor is exercising First Amendment Rights protected by the United States Constitution; or where said minor is going to or from employment; or is on specific business or activity directed or permitted by his or her parent, guardian or other adult person having the care, custody or supervision of said minor.

(d)

In addition to any other powers he may have, any law enforcement officer who arrests a minor for violating any of the provisions of divisions (b) or (c) of this section shall be empowered to demand of the parent, guardian or other adult person having the care, custody or supervision of such minor that such parent, guardian or other adult person appear and take such minor into custody. Should there be a failure of the parent, guardian or other adult person to appear and take custody of such minor, the officer may then be empowered to take the minor home or to the Hamilton County Juvenile Court. It shall be unlawful for any such parent, guardian or other adult person having the care, custody or supervision of said minor to fail or refuse to appear and take such minor into custody within two hours after such demand is made upon him, unless reasonably hindered from doing so.

(e)

No parent, guardian or other adult person having the care, custody or supervision of a minor shall knowingly permit or by inefficient control allow such minor to be, or remain in, about or upon any place in the city away from the dwelling house or usual place of abode of said minor in violation of any of the provisions of Sections 911-27(b) or (c).

(f)

Any law enforcement officer who arrests a minor for violating any of the provisions of divisions (b) or (c) of this section, in addition to any other powers he may have, shall be empowered to transport such minor to the nearest center designated as a holding facility for curfew violators. The numbers and locations of such centers shall be determined or modified by the Chief of Police based upon need and desirability. The minor shall be released only to a parent, guardian or other adult person having the care, custody or supervision of such minor, or a person at least 18 years of age designated for such purpose by a parent, guardian or other adult person having the care, custody or supervision of said minor, or an appropriate juvenile agency.

(g)

Penalty.

(1)

Any minor found violating the provisions of divisions (b) or (c) of this section shall be guilty of committing a curfew violation.

(2)

Any parent, guardian or other adult person having the care, custody or supervision of a minor who shall violate the provisions of division (d) of this section shall be guilty of a minor misdemeanor. Any parent, guardian or other adult person having the care, custody or supervision of a minor who violates the provisions of 911-27(e) shall receive a written warning for the first violation. Any parent, guardian or other adult person having the care, custody or supervision of a minor who violates the provisions of 911-27(e) for the second and any subsequent offenses shall be guilty of a minor misdemeanor.

(h)

Monitoring of Effectiveness and Annual Report. The Department of Safety and Cincinnati Human Relations Commission shall devise and institute a procedure to monitor and evaluate the effectiveness and desirability of the juvenile curfew, and prepare a detailed report for annual submissions to city council.

(i)

Severability. If any section, subsection, sentence, clause, phrase or portion of the provisions of this section is for any reason declared by any court of competent jurisdiction to be invalid or unconstitutional, such section, subsection, sentence, clause, phrase or portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining provisions of this section.

(C.M.C. 911-27; ordained by Ord. No. 225-1994, eff. 7-294; a. Ord. No. 235-1994, eff. 6-29-94; extended by Ord. No. 318-1994, eff. 9-14-94; a. Ord. No. 378-1994, eff. 10-12-94)