§ 9-3-3. DEFENSES.

(A)

It is a defense to prosecution under Section 9-3-2 ( Offenses ) that:

(1)

the juvenile is accompanied by the juvenile's parent or spouse;

(2)

the juvenile is on an errand authorized by the juvenile's parent or spouse or made necessary by an emergency;

(3)

the juvenile is traveling by a direct route to the juvenile's home;

(4)

the juvenile is in a vehicle involved in transportation for which passage through the city is the most direct route;

(5)

the presence of the juvenile is connected with or required by a religious activity, educational activity, or a business, trade, profession, or occupation in which the juvenile is lawfully engaged;

(6)

the juvenile is on the sidewalk in front of the juvenile's residence or on the sidewalk of either adjacent neighbor who is not communicating an objection to the presence of the juvenile to a police officer; or

(7)

the juvenile is exercising First Amendment rights protected by the United States Constitution, including the free exercise of religion, freedom of speech, and the right of assembly.

(B)

It is a defense to prosecution under Subsection 9-3-2(C) ( Offenses ) that the owner, operator, or employee of an establishment promptly notified the Police Department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave after being requested to do so by the owner, operator, or employee.

Source: 1992 Code Section 10-7-3; Ord. 031023-13; Ord. 031211-11; Ord. 20080618-090; Ord. 20110526-095; Ord. 20140515-062, Pt. 1, 6-18-14 ; Ord. No. 20170615-099 , Pt. 1, 6-26-17.