§ 16-44. Children's curfew.

It shall be a violation of this article for any child to be or remain in or upon any public or semi-public place during curfew hours; provided however, that this prohibition shall not apply if the child is:

(1)

Accompanied by a parent or legal guardian or another person eighteen (18) years of age or older authorized and approved by the parent or guardian to have the care and control of the juvenile; provided, that the chief of police may verify this authorization or approval through contact with the parent or legal guardian or otherwise;

(2)

Engaged in lawful employment or traveling directly to such place of employment from home, or to home from such place of employment; provided, that the chief of police may verify such employment through contact with the employer, parent, or legal guardian or otherwise;

(3)

Engaged in bona fide interstate movement through the city or interstate travel beginning or ending in the city; provided, that the chief of police may verify such travel through contact with the parent or legal guardian or otherwise;

(4)

Engaged in an errand in a case of reasonable necessity, such as a medical emergency; provided, that the chief of police may verify such necessity through contact with the parent or legal guardian or otherwise;

(5)

Attending or traveling directly to or from a special function sponsored by a church, school, club or other lawful organization, which special function is supervised by adults; provided, that the chief of police may verify such function through contact with the parent, legal guardian, church, school, club or other lawful organization or otherwise;

(6)

On a sidewalk in the area immediately within or on the border of his or her residence; provided, that the chief of police may verify such fact through contact with the parent or legal guardian or otherwise;

(7)

Exercising First Amendment rights protected by the United States Constitution (or those equivalent rights protected by Article 1, Sections 3 and 4 of the Florida Constitution), such as free exercise of religion, freedom of speech, and the right of assembly; provided, that the child possesses written permission signed by the parent or legal guardian of the child; provided further that such written permission shall specify when, where, in what manner, and for what constitutionally-protected purpose the child will be out during the curfew time period; provided further, that the chief of police may verify such permission through contact with the parent or legal guardian or otherwise. This exception, however, does not include association in the nature of social gatherings.

(8)

Attending or returning home directly from a specific activity at a semi-public place which is open to the general public and supervised by adults; provided further, that any such activity begins no later than 10:00 p.m.; provided further, that the child possesses written permission from his or her parent or legal guardian authorizing the child to attend or engage in that specific activity; and provided further that the chief of police may verify such authorization through contact with the parent or legal guardian or otherwise.

(Ord. No. 2001-07, § 4, 7-2-01)