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2013-008 ORD READOPTING ARTICLE II CURFEW REGULATIONS FOR CHILDREN OF CHAPTER 21 OF CODE OF ORDINANCES
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2013-008 ORD READOPTING ARTICLE II CURFEW REGULATIONS FOR CHILDREN OF CHAPTER 21 OF CODE OF ORDINANCES
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1/25/2017 1:42:25 PM
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CITY CLERK
CITY CLERK - Date
3/11/2013
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Sec. 21-57. Affirmative defenses. <br />(a) It is an affirmative defense to prosecution under Section 21-54 of this <br />Article that: <br />(1) A child is accompanied by a parent, guardian, custodian or other <br />responsible person as defined in this Article. <br />(2) A child is legally married, divorced or widowed. <br />(3) A child is the parent of a child. <br />(4) A child is on the sidewalk of his residence. <br />(5) A child is legally employed and is upon the premises of the <br />child's place of employment or is returning home, without any <br />detour or stop, from an occupation which requires the child to <br />remain out beyond the curfew hours. <br />(6) With respect to section 21-54(b) of this Article, that the offense <br />occurred during the scheduled vacation of or on a holiday <br />observed by the school in which the child is enrolled, or that the <br />child has graduated from high school or received a high school <br />equivalency certificate, or that the child has permission to be <br />absent from school or be in a public place from an authorized <br />school official. In the case of a child being educated in a home <br />school, a parent shall be deemed a school official. <br />(7) A child is attending or traveling directly to or from, without any <br />detour or stop, an activity involving the exercise of First <br />Amendment right of free speech, freedom of assembly, or free <br />exercise of religion. Such child shall evidence bona fide proof <br />of such exercise by carrying a written communication signed by <br />such child and countersigned, if practicable, by a parent, <br />guardian, custodian, or other responsible person, which shall <br />state: <br />a. The name, address, and telephone number of such child; <br />b. The name, address, and telephone number of the parent, <br />guardian, or custodian for the child; <br />c. The height, weight, sex, color of eyes and hair, and other <br />relevant physical characteristics of such child; <br />Page 8 of 12 <br />
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