§ 11-52. Defenses

(a) It is a defense to prosecution of the above offenses that the minor was:

(1) Accompanied by the minor's parent or guardian or by a responsible adult;

(2) On an errand at the direction of the minor's parent or guardian or responsible adult, without detour or delay;

(3) In a motor vehicle involved in intrastate or interstate travel;

(4) Engaged in employment, or going to or returning home from employment, without detour or delay;

(5) Involved in an emergency;

(6) On the sidewalk adjacent to the minor's residence, providing the minor is not otherwise violating the law;

(7) Attending an official school, religious or other adult supervised recreational activity sponsored by the city, a civic organization or other similar entity that takes responsibility for the safety of the minor, or going to or returning home from such an activity, without detour or delay;

(8) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly;

(9) Emancipated pursuant to law;

(10) The minor is in the military service of the United States.

(b) It is a defense to prosecution under offense in subsection (c) of section 11-51.5, above, 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 curfew hours and refused to leave.

(Ord. No. 98-12, § 2, 5-4-98)