§ 54-233. Exceptions and defense.

(a)

It shall not be a violation of section 54-232 if the minor is:

(1)

Accompanied by a parent or guardian.

(2)

Accompanied by a supervising adult, provided that the law enforcement officer may verify the authorization of the supervising adult through contact with the parent, guardian, or otherwise.

(3)

In a motor vehicle involved in bona fide interstate travel.

(4)

Attending or traveling directly to or from an activity that involves the exercise of rights protected under the First Amendment of the United States Constitution.

(5)

Engaged in lawful employment or traveling to or from, by direct route, lawful employment, or who is in a public place or establishment in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, provided that the law enforcement officer may verify this employment through contact with the employer, parent, guardian, or otherwise.

(6)

Reacting or responding to an emergency that requires a minor's immediate attention as defined in section 54-231 and, provided that the law enforcement officer may verify such necessity through contact with the parent, guardian or otherwise.

(7)

Attending or traveling to or from, by direct route, an official school, religious, or recreational activity that is supervised by adults and is sponsored by a governmental entity, civic or religious organization or other similar entity that accepts responsibility for the juvenile as an invitee, provided the law enforcement officer may verify such function through contact with the parent, guardian, religious organization, school, club, other lawful organization, or otherwise.

(8)

Married or has been married or had disabilities of minority removed in accordance with state law.

(9)

On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor, provided the neighbor consents and did not complain to the police department about the minor's presence, and provided further, the law enforcement officer may verify such facts through contact with the parent, guardian, or otherwise.

(10)

On an errand at the direction of and with authorization by the minor's parent or guardian by direct route, provided that the law enforcement officer may verify such errand through contact with the parent, guardian, or otherwise.

(b)

It shall be a defense to prosecution under section 54-232 that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during the restricted hours and that such minor refused to leave.

(Ord. No. 4073-07, § 1, 7-30-2007)