[HISTORY: Adopted by the Fiscal Court of Henderson County as Ch. 130, § 130.01, of the 1993 Code. Amendments noted where applicable.]
It is a curfew violation for a child 13, 14, 15, 16, or 17 years of age to be in a public place:
It is a curfew violation for a child under 13 years of age to be in a public place after 10:00 p.m. or before 5:00 a.m. on any day.
This chapter does not apply to a child who is:
Accompanied by his parent, guardian, or custodian;
Accompanied by an adult specified by his parent, guardian, or custodian;
Carrying out an errand or other lawful activity as directed by his parent, guardian, or custodian; or
Any police officer may stop and question any minor suspected of violating this chapter's provisions and may take the minor into custody when found violating provisions of this chapter. The officer shall take the minor to the City Police Headquarters or the County Sheriff's Department, where the name of the minor's parent, guardian, or person having legal custody of him shall be ascertained.
The parent, guardian, or person having legal custody shall be notified of the child's detention as required by KRS 610.200 and summoned by the investigating officer to appear at the City Police Headquarters or the County Sheriff's Department to assist in the completion of the investigation. If the parent, guardian, or person having legal custody falls to appear within two hours from the time the child was taken into custody, the investigating officer shall follow the requirements set forth in KRS Chapter 610 and other applicable provisions of the State Unified Juvenile Code, regarding detention or release of the child.
Unless the nature of the offense or other circumstances are such as to indicate the necessity of keeping the child in secure custody, the officer shall release the child to the custody of his parent, guardian, person having legal custody, or other responsible adult.
If the investigating or apprehending officer is satisfied that a violation of § 112-1 of this chapter has occurred, he shall cause formal charges to be filed requiring the child and his parent, guardian, or person having legal custody to appear in the appropriate court to answer the charge of a violation of § 112-1.
If formal charges are to be brought, before a child is released to the custody of a parent, guardian, person with legal custody, or other responsible adult, the investigating officer shall obtain a written promise signed by such person that the person will bring the child to the court at the stated time or at such time as the court may order. The written promise, along with the written report of the investigating officer, shall be submitted to the court as required by KRS 610.200.
Any child violating § 112-1 of this chapter shall be subject to the procedures and penalties provided for by the State Unified Juvenile Code. Any parent, guardian, or person having legal custody of a child who violates any provision of § 112-1 of this chapter may be subject to the financial penalty provided for in KRS 610.180.