(a)   It shall be unlawful for any person under 16 years of age to loiter, lounge, loaf or wander or to engage in sport or recreation in or upon any public street, sidewalk, alley, vacant lot, public place, or any place open to the public within the city, whether in a motor vehicle, or bike riding, or skateboard riding, or on foot, after the hour of 11:00 p.m., and before the hour of 5:00 a.m.

(b)   It shall be unlawful for any person under 18 years of age but over and including 16 years of age to loiter, lounge, loaf or wander or to engage in sport or recreation in or upon any public street, sidewalk, alley, vacant lot, public place or any place open to the public within the city, whether in a motor vehicle, or bike riding or skateboard riding, or on foot, after the hour of 12:00 midnight and before the hour of 5:00 a.m.

(c)   The curfew restrictions set out in subsections (a) and (b) shall not apply under the following circumstances:

(1)   When the person under 18 years of age is accompanied by his or her parent, legal guardian, or other person lawfully entitled to the care, custody and control of such minor;

(2)   When the person under 18 years of age is on an emergency errand and has in his or her possession a written statement signed and dated that day by the minor’s parent, legal guardian or other person lawfully entitled to the care, custody and control of such minor, stating that such minor is on an emergency errand and stating the nature of that emergency;

(3)   When the person under 18 years of age is attending a religious, school, or city function or other activity associated with the use of the First Constitutional Amendment and is under the supervision of a church, school, or city, or is sponsored by parents or while returning home from any such function or activity by way of the most direct route;

(4)   When the person under 18 years of age is, with parental consent, in a motor vehicle and is engaged in intrastate or interstate travel through, or beginning or ending at the city; and,

(5)   While the person under 18 years of age is going to, from or while engaged in lawful employment by way of the most direct route.

(d)   In applying enforcement action to this article, the law enforcement officers of the city shall take the following action upon a first offense of a minor violating curfew restrictions as set out in subsections (a) or (b):

(1)   The minor violating curfew restrictions as set out in subsection (a) or (b) shall be taken into custody and transported to his or her residence, if a resident of the city, and released to the custody of a responsible adult, or if no adult is present, may be held at the city’s law enforcement center for a reasonable time period until a responsible adult can be located to take custody.  If no one is available to take responsible custody, other provisions of law shall take effect.

(2)   A written warning shall be issued to the parents, legal guardian or other person lawfully entitled to the care, custody, and control of such minor on the first offense of such minor, and no other report or charge shall be made.  A copy of such warning shall be maintained at the city’s law enforcement center.

(3)   No person under 18 years of age shall be deemed to have had a prior curfew offense, and any contact with a person under 18 years of age shall be deemed to be the first contact.

(4)   Upon a subsequent curfew offense, a person under 18 years of age violating curfew restrictions as set out in subsections (a) and (b), shall be released to the custody of his or her parents, legal guardian or other person lawfully entitled to the care, custody and control of such minor or other responsible adult, and such minor may be referred to juvenile authorities or other appropriate social agency.

(e)   Parental responsibility.

(1) It shall be unlawful for a parent, legal guardian or other person lawfully entitled to the care, custody and control of any person under 18 years of age to knowingly suffer, permit, or allow such person to violate subsections (a) or (b).

(2)   No prosecution under subsection (a) shall ensue until the person under 18 years of age violates subsections (a) and (b) and is in custody for the third time for violation of the curfew restrictions.

(Ord. 792, Secs. 1:5; Code 2007)

(a)   No provision of this article shall be construed to limit or abridge the rights of any person to speak, peacefully assemble and express opinions. It is the purpose of this article to protect individuals from unreasonable intrusions caused by excessive, unnecessary or unusually loud noises within the city.

(b)   The following acts, and the causing or permitting thereof, are hereby declared to be unlawful and are violations of this article:

(1)   The sounding of any horn or signaling device on any automobile or other vehicle, except as a danger warning; the creation of any harsh or loud sound by such means; and the sounding of any such device for an unnecessary and unreasonable period of time;

(2)   The using, operating or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph, or other devise for producing or reproducing sound in such a manner as to disturb the peace and quiet of the neighborhood, or at any time with louder volume than is necessary for the hearing of the person or persons of normal hearing ability who are in the room, vehicle or chamber where such device is operated and who are voluntary listeners thereto;

(3)   The using, operating or permitting to be played, used or operated, any radio, musical instrument, phonograph or other sound amplifier for casting sound upon the public streets for commercial advertising or attracting the attention of the public to any building or structure;

(4)   The keeping of any animal or bird which by causing frequent or long continued noise disturbs the comfort and repose of any persons in the vicinity;

(5)   The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle except through a muffler;

(6)   The creation of any excessive noise on any street adjacent to, or anywhere adjacent to, any hospital, school, church or court that is in use, provided that conspicuous signs are displayed, indicating a nearby hospital, school, church or court;

(7)   The shouting and crying of peddlers, hawkers and vendors;

(8)   The operation between the hours of 10:00 p.m., and 7:00 a.m., of any pneumatic hammer, bulldozer, or other machinery, the use of which is attended by loud noise; or,

(9)   Any sound which (1) endangers or injures the safety or health of humans or animals; (2) annoys or disturbs a reasonable person of normal sensitivities; or (3) endangers or injures personal or real property.

(c)   The provisions of this article shall not apply to the following:

(1)   The emission of sound for the purpose of alerting persons to the existence of any emergency, or for the performance of emergency work.

(2)   Noise resulting from activities of a temporary duration planned by school, governmental or community groups.

(3)   Trash and waste pickup operations.

(4)   Church bells and campanile chimes.

(5)   Railroads.

(6)   Air conditioners.

(d)   A violation of any of the provisions of this section shall be punishable by a fine of up to $100.00.

(Ord. 808, Secs. 1:3; Code 2007)