§ 4-7.201. Definitions.

The definitions set forth in this section shall govern the application and interpretation of this article.

(a)

"Curfew hours" means:

(1)

The hours between 10:00 p.m. to 5:00 a.m. for minors under the age of sixteen (16) years; or

(2)

The hours between 11:00 p.m. to 5:00 a.m. for minors under the age of eighteen (18) years.

(b)

"Emergency" means an unforeseen circumstance or circumstances or the resulting situation that calls for immediate action to prevent serious bodily injury or loss of life. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(c)

"Establishment" means any privately owned place of business to which the public or a substantial group of the public is invited, including but not limited to any place of amusement, entertainment, or recreation.

(d)

"Guardian" means:

(1)

Any person who, under court order, is the guardian of the person of a minor; or

(2)

Any person to whom legal custody has been given by court order; or

(3)

A public or private agency with whom a minor has been placed by a court; or

(4)

A person who is at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor; or

(5)

A person who stands in loco parentis.

(e)

"Linger" means to tarry and to stay unnecessarily upon the streets, including the congregation of groups (or of interacting minors) totaling three (3) or more persons in which any minor involved would not be using the streets for ordinary or serious purposes, such as mere passage or going home or any of the exemptions defined in Section 4-7.203.

(f)

"Juvenile" or "minor" means any person under eighteen (18) years of age.

(g)

"Operator" means any owner, operator, employee or other person in control of an establishment or public place.

(h)

"Parent" is any person having legal custody of a minor (i) as a natural parent, adoptive parent, or stepparent of a minor, or (ii) as a guardian.

(i)

"Public place" means:

(1)

Any area to which the public or a substantial group of the public has access, including, but not limited to, streets, roads, highways, sidewalks (whether paved or unpaved), curbs, gutters, grass areas, driveways, alleys, vacant lots, parks, playgrounds, common areas of schools, shopping centers, transportation facilities, theaters, restaurants, shops, bowling alleys, taverns, cafes, arcades, and similar areas that are open to the public; and

(2)

The out-of-doors common areas of establishments, including, but not limited to, entryways, walkways, lawn or planter areas, patios, porches and parking lots.

(j)

"Remain" means to:

(1)

Linger or stay behind; or

(2)

Fail to leave a public place when requested to do so by a police officer or the operator of a public place or establishment.

(k)

"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(l)

"Years of age" continues from one birthday, such as the sixteenth to (but not including the day of) the next, such as the seventeenth birthday, making it clear that sixteen (16) or less years of age is herein treated as equivalent to the phrase "under seventeen (17) years of age," the latter phrase in practice, unfortunately, having confused a number of persons into the mistaken thought that seventeen (17) year olds might be involved. Similarly, for example, eleven (11) or less years of age means "under twelve (12) years of age."

(Added by Ord. 3089-C.S., § 1, effective 6-18-98)