CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 2. LOCAL PROVISIONS

(a)   It shall be unlawful for any child under the age of 18 years to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places or public buildings, places of amusement or entertainment, eating places, vacant lot or any other place normally accessible to the general public for public use, whether on foot or in a motor vehicle or by any other means between the hours of 12:00 midnight on any day and 6:00 a.m. of the following day.

(b)   The provisions of subsection (a) shall not apply in the following instances:

(1)   When a child is accompanied by a parent, guardian or other adult person having the lawful care and custody of the child;

(2)   When a child is upon an emergency errand directed by a parent or guardian or other adult person having the lawful care and custody of a child;

(3)   When a child is returning directly home by the most direct and efficient route, from a school activity, entertainment, recreational activity or dance;

(4)   When a child is returning directly home, by the most direct and efficient route, from lawful employment that makes it necessary to be in the above-referenced places during the prescribed period of time;

(5)   When a child is on the sidewalk abutting a child’s residence or abutting the residence of a next- door neighbor if the neighbor did not complain to the police about a child’s presence;

(6)   When a child is attending or traveling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly or free exercise of religion; and

(7)   When a child is in interstate travel through the city.

(c)   Except in circumstances set out in subsection (b), it shall be unlawful for the parent, guardian or other adult person having the care and custody of a child under the age of 18 years to permit, whether knowingly or through ineffective control or supervision, such child to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places or public buildings, places of amusement or entertainment, eating places, vacant lots or any other place normally accessible to the general public for public use, whether on foot or in a motor vehicle or by any other means, between the hours of 12:00 midnight on any day and 6:00 a.m. of the following day.

(d)   Any child violating the provisions of this section shall be dealt with in accordance with juvenile court law and procedure. Any police officer finding a child under the age of 18 years violating the provisions of this section shall warn the child to desist from such violation and to immediately return home, and shall cause a written notice to be served upon the parent, guardian or person in charge of a child, setting forth the manner in which the provisions of this section have been violated. For the purposes of this section, notice shall be deemed properly served upon the parent, guardian or person in charge of a child if a copy thereof is served personally or if a copy thereof is sent by certified mail, return receipt requested, to such person’s last known address.

(e)   Any parent, guardian or person having the care and custody of a child who shall permit, whether knowingly or through ineffective control or supervision, a child to violate the provisions of this section after receiving written notice that such child has previously violated this section shall be guilty of a class C offense.

(Code 1988, §§ 11-208—11-211; Ord 3462, 5-25-16; Code 2016, Sec. 62-3)

(a)   It shall be unlawful for any person to paste, tack, fasten, attach or post any bill, board or card advertisement or political advertisement or political picture or other thing on any telegraph, telephone, electric light or power pole in the city. This section shall not prevent the attaching to any of the poles of government mailboxes, street or highway markers.

(b)   Unlawful posting is a class C misdemeanor.

(Code 1988, § 11-213; Code 2016, Sec. 62-6)