[HISTORY: Adopted by the Fiscal Court of Henderson County 10-26-2021 by Ord. No. 21-09[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 112, Curfew, adopted as Ch. 130, § 130.01, of the 1993 Code.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLOW
Either permit or neglect to prevent. It requires actual or constructive knowledge on the part of the parent or guardian, that is, the parent or guardian must actually know about the minor violating this article, or the circumstances must be such that a reasonably prudent parent or guardian should have known that the minor was violating this article.
EMERGENCY
An unforeseen combination of circumstances or the resulting state that calls for immediate action. 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.
MINOR
Any person under the age of 18, or, as may be otherwise phrased, any person of the age of 17 or under.
PARENT
Any person having legal custody of a minor: a) as a natural or adoptive parent; b) as a legal guardian; c) as a person who stands "in loco parentis" or a "person exercising custodial control" as that term is defined in the Kentucky Unified Juvenile Code; or d) as a person whom legal custody has been given by order of court.
PUBLIC PLACE
Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, alleyways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, stores, restaurants, and other similar commercial establishments.
REMAIN
To stay behind, to tarry, or to linger upon or in any public place.
A. 
It shall be unlawful for any person under the age of 18 to be or remain in or upon any public place in the county between the hours of 1:00 a.m. and 5:00 a.m. during any day of the week.
B. 
It shall be unlawful for any parent or guardian having legal custody of a minor to allow such minor to be or remain in or upon a public place in the county under circumstances not constituting an exception as enumerated in Subsection C during the time periods contained in Subsection A above.
C. 
In the following exceptional cases a minor in or upon a public place in the county during the nocturnal hours provided for in Subsection A shall not be considered in violation of this article:
(1) 
When the minor is accompanied by his or her parent or guardian;
(2) 
When accompanied by an adult authorized by a parent or guardian of such minor;
(3) 
When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly;
(4) 
When in the case of reasonable necessity but only after such minor's parent or guardian has communicated to the Sheriff's Department the facts establishing such reasonable necessity;
(5) 
When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of the minor's next-door neighbor who has not communicated an objection to a law enforcement officer or the Sheriff's Department;
(6) 
When attending an official school, religious, or other recreational activity supervised by adults and sponsored by the county, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the county, a civic organization, or another similar entity that takes responsibility for the minor;
(7) 
When authorized by regulation issued by the County Judge Executive in cases of reasonable necessity involving more minors than may reasonably be dealt with on an individual basis. Such regulation should be issued sufficiently in advance to permit publicity through news media and through other agencies such as the schools. The regulation shall define the activity, the scope of the use of the public place permitted, and the period of time involved not to extend more than one hour beyond the time for termination of the activity, and the reason for finding that such regulation is reasonably necessary. The County Judge Executive shall notify the sheriff's department of said information;
(8) 
When engaged in a business or occupation which the laws of Kentucky authorize a person under 18 years of age to perform;
(9) 
When the minor, with parental consent, is in a motor vehicle with a lawfully authorized driver;
(10) 
When the minor, who is a duly authorized and licensed driver, is operating a motor vehicle within the county for the purpose of passing through, by direct route, from one location to another either within or out of the county, including all minors that may also be within the vehicle;
(11) 
When involved in an emergency;
(12) 
When the minor is a married person.
A. 
A law enforcement officer upon finding or being notified of any minor in or upon a public place whose parent or guardian is believed to be in violation of this article may stop and question such minor and request such information as his or her name and age and the name and address of his or her parent, guardian, or person having legal custody.
B. 
If the law enforcement officer determines or has reasonable cause to believe that a curfew violation has occurred, the law enforcement officer may obtain from the minor the information necessary to issue a citation to the minor's parent, guardian, or person having legal custody and then either take the minor to his or her home or direct the minor to proceed immediately to his or her home.
Any parent, guardian, or person having legal custody who shall allow a minor to violate § 112-2 shall be guilty of a violation and shall be subject to a fine of up to $50 for the first offense, up to $100 for the second offense, and up to $250 for all subsequent offenses.