§ 50-153. Defenses.

(a)

It is a defense to prosecution under section 50-152 that the minor was:

(1)

Accompanied by the minor's parent or guardian;

(2)

On an errand at the direction of the minor's parent or guardian, without any detour or stop;

(3)

In a motor vehicle involved in interstate travel;

(4)

Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5)

Involved in an emergency;

(6)

On the sidewalk abutting the minor's residence or abutting the residence of a neighbor if the neighbor did not complain to the police department about the minor's presence;

(7)

Attending an official school, religious, or other recreation activity supervised by adults and sponsored by the county, a city, a civic organization, or other similar entity that takes responsibility for the minor, or going to or returning home from, without detour or stop, any such activity;

(8)

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

(9)

Married or had been married or had disabilities of minority removed according to state law.

(b)

It is a defense to prosecution that the owner, operator, or employee of an establishment promptly notified the appropriate law enforcement agency that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(Code 1993, § 48-153; Ord. No. 95-41, art. III, 7-27-1995)