§ 2802. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A.

Curfew Hours shall mean:

1.

11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and

2.

12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.

B.

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

C.

Establishment shall mean any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

D.

Guardian shall mean:

1.

A person who, under court order, is the guardian of the person of a juvenile; or

2.

A public or private agency with whom a juvenile has been placed by a court.

E.

Juvenile shall mean any person under eighteen (18) years of age.

F.

Knowingly permit shall mean the parent, other responsible adult and/or operator, as defined herein, is aware of the fact the juvenile is in violation of the curfew hours or that said person by exercise of reasonable care would have known that the juvenile is in violation of the curfew hours.

G.

Operator shall mean any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

H.

Parent shall mean a person who is a natural parent, adoptive parent or step-parent of another person.

I.

Public place shall mean any place to which the public or a substantial group of the public has access and includes, but is not limited to streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and retail establishments.

J.

Remain shall mean to:

1.

Linger or stay; or

2.

Fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

K.

Responsible adult shall mean any person having, assuming or charged with permanent and/or temporary care and/or custody of a juvenile, including, but not limited to:

1.

Any legal guardian or adult exercising legal guardianship over a juvenile;

2.

Any adult who stands in loco parentis to a juvenile;

3.

Any person to whom legal custody of a juvenile has been given by order of a court;

4.

Any adult who has, assumes or is charged with the care and/or custody of a juvenile at the request of or on behalf of a parent, guardian, loco parentis or person to whom legal custody has been given by order of a court; and/or

5.

Any adult who has, assumes or is charged with the care and/or custody of a juvenile at the requests of or on behalf of another parent.

(Ord. No. 18331)