§ 26-54. Defenses/exceptions.  


Latest version.
  • It is a defense to prosecution under section 26-53, including section 26-53(c), of this division that the minor was:

    (a)

    Accompanied by the minor's parent or guardian;

    (b)

    With prior permission of the parent or guardian, in a motor vehicle involved in interstate travel;

    (c)

    With prior permission of the parent or guardian, in an employment activity or going to or returning from an employment activity without any detour or stop by the most direct route;

    (d)

    Involved in an emergency;

    (e)

    With prior permission of a parent or guardian, was engaged in reasonable, legitimate, and specific business and/or activity. Examples include, but are not limited to, a juvenile with prior permission of the parent or guardian, attending an official school, religious or other recreational activity supervised by adults who take responsibility for the minor, or going to or returning home from an official school, religious or other recreational activity supervised by adults who take responsibility for the minor;

    (f)

    With prior permission of the parent or guardian, engaged in a reasonable and legitimate exercise of First Amendment rights protected by the United States Constitution;

    (g)

    Married and sixteen (16) years of age or over, or in the military;

    (h)

    On the sidewalk abutting their residence or on the next door neighbor's property with the consent of the neighbor.

(Ord. No. 1834, § 1, 2-28-95)