§ 39-263. Defenses.

(a)

It is a defense to prosecution under section 39-262, that the minor was:

(1)

Accompanied by the minor's parent or guardian;

(2)

On a lawful errand at the direction of the minor's parent or guardian, without any unnecessary detour or stop;

(3)

Engaged in an employment activity, or going to or returning home from an employment activity, by a direct route without any unnecessary detour or stop;

(4)

Involved in an emergency;

(5)

On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence, except that this defense does not apply to a violation of the daytime curfew hours;

(6)

Attending an official school activity, religious activity, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, by a direct route without any unnecessary detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;

(7)

Married or had been married;

(8)

Attending a bona fide work-study program recognized by the United States Department of Education or any public school system, or going to or returning home from such a program by a direct route without any unnecessary detour or stop and within one (1) hour of the commencement or termination of the work-study activity;

(9)

A student enrolled in a bona fide college, university, or other institution of higher education, or a student enrolled in a bona fide vocational, technical, or other similar school intended to prepare the student for employment;

(10)

Involved in receiving health care services, or traveling to or from locations where health care services are provided within one (1) hour of the commencement or termination of such health care services.

(b)

It is a defense to prosecution under section 39-262(c) of this article that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of an establishment during curfew hours and refused to leave.

(c)

It is a defense to prosecution under this article for a violation of the daytime curfew hours that:

(1)

The school in which the minor was enrolled or otherwise required to attend was not in session;

(2)

The minor was on the premises of the school in which the minor was enrolled or otherwise required to attend;

(3)

The minor was participating in a school-approved work study program, or was going to the work study program or returning to home or school from the work-study program without any unnecessary detour or stop;

(4)

The minor was on a lunch break from a school that permits an off campus lunch program;

(5)

The minor was on an excused absence from the school in which the minor was enrolled or otherwise required to attend and had permission from a school official; or

(6)

The minor was a high school graduate or had received a high school equivalency certificate.

(Ord. No. 39-045-2011, § III, 10-4-11)