§ 11-03-040. Curfew.

(a)

Restrictions. It shall be unlawful for any parent, guardian or any other person having care or custody of a minor under the age of sixteen (16) years, to permit or allow such minor to be upon any public thoroughfare or any public place without adequate supervision, on weekdays (Sunday through Thursday) from 11:00 p.m. to 6:00 a.m. and on weekends from 12:00 midnight to 6:00 a.m.

(b)

Exceptions. The restrictions mentioned above shall not apply to any minor who shall be accompanied by a parent, guardian or adult acting with the authority of the parent or any minor upon any errand of necessity or in the performance of duty directed by any parent or guardian or other person acting with the authority of the parent or to any minor attending any school or church sponsored event or to any minor coming from or going to work.

(c)

Parent or guardian liable. It shall be the duty of peace officers to apprehend and take into custody any minor found in violation of this section. Such officers shall thereupon notify the parent or guardian and such parent or guardian shall be deemed guilty of permitting a violation of this section.

(d)

Procedure when parent or guardian cannot be located. In the event that the parent or guardian cannot be located, the child shall be remanded to the custody of the proper juvenile authorities.

(e)

Violation. For the violation of this section, the minor shall be released to the custody of his parent or guardian or other person having care or custody of the minor, upon written promise that such parent or guardian will assume the responsibility that said child will comply with the provisions of this section. The juvenile authorities shall make a written report and keep a record of each such violation. Any parent, guardian or other adult person having the care and custody of a minor violating this section shall be punished in accordance with section 11-01-050.

(Code 1960, § 6-5-4; Ord. No. 552, 1-11-77)