§ 8-19. Curfew for minors under the age of 18 years.

(a)

It shall be unlawful for any unemancipated minor under the age of eighteen (18) years to walk, run, travel, loiter, idle, stand, sit, lie, play, or to remain in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public buildings, vacant lots or premises, places of amusement, entertainment, and refreshment or other public location within the City of Greenville, Mississippi, which is unsupervised by an adult having authority to be at such location between the curfew hours of 11:00 o'clock p.m. and 6:00 o'clock a.m., except Fridays and Saturdays of each week when the effective hours of curfew shall be between 12:00 o'clock midnight and 6:00 o'clock a.m.; provided, however, the provisions of this section shall not apply in the following circumstances:

(1)

When a minor as herein defined is accompanied by his or her parent, guardian, or other adult person having the lawful care and custody of said minor;

(2)

When such minor is upon an emergency errand directed by his or her parent, guardian, or other adult person having the lawful care and custody of such minor;

(3)

When such minor is attending associational activities which are supervised by an adult, such as religious or school meetings, organized dances, and theater and sporting events, and when such minor is engaged in reasonable and direct travel to or from such activities during the curfew period; and provided further, that nothing contained herein shall prohibit parents from urging and consenting to participation in such protected associational activities by their minor children;

(4)

When such minor is engaged in legitimate employment or is returning directly home from such employment which necessitates such minor being in prohibited locations during curfew hours;

(5)

When such minor is within one hundred fifty (150) feet from his/her place of residence;

(6)

When such minor is in a motor vehicle traveling through the city on an intrastate or interstate trip.

(b)

With the exception of the circumstances set forth in subsections (1) through (6) of subsection (a) of this section, it shall be unlawful for any parent, guardian, or other person having custody or control of any unemancipated minor under the age of eighteen (18) years knowingly to permit, or by inadequate control, to allow such minor to walk, run, travel, loiter, idle, stand, sit, lie, play, or to remain in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public buildings, vacant lots or premises, places of amusement, entertainment and refreshment, or other public location within the City of Greenville, Mississippi, which is unsupervised by an adult having authority to be at such locations, or for such minor to be unsupervised by an adult and more than one hundred fifty (150) feet from the minor's place of residence, between the hours of 11:00 o'clock p.m. on any day and 6:00 o'clock a.m. the following day, except for Fridays and Saturdays when the effective curfew hours shall be between 12:00 o'clock midnight and 6:00 o'clock a.m.

(c)

Any minor violating any of the provisions of this section shall be subject to arrest and shall be dealt with pursuant to the Youth Court Law of the State of Mississippi and in accordance with the directives of the Youth Court of Washington County, Mississippi, or such other court as shall have jurisdiction of said minor.

(d)

Any parent, guardian, or other adult person having the care or custody of a minor subject to this section who is found to be in violation hereof shall be subject to a fine not to exceed five hundred dollars ($500.00) and costs, or imprisonment in the city jail for not more than ninety (90) days, or shall be sentenced to the municipal court work program for not more than ninety (90) days, or shall be subject to any one or more of such penalties, and each violation of this section shall constitute a separate offense; provided, however, the first violation of this section by any such parent, guardian or other adult custodian shall result in a warning only.

(e)

The Greenville Police Department shall assist in the enforcement of the Mississippi Compulsory School Attendance Law with respect to identification of compulsory-school-age children found on public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public buildings, vacant lots, places of amusement, entertainment and refreshment, or other public places within the City of Greenville, Mississippi, during regular school hours and shall report violations of same to school attendance officer(s).

(f)

Any and all ordinances or parts of ordinances in conflict herewith are hereby repealed; if any portion of this section shall be declared invalid or unenforceable for any reason whatsoever, such decision shall not affect the remaining portion of this section which shall remain in full force and effect, and to this end the provisions of this section are hereby declared to be severable.

(Ord. No. 91-0003, § 1, 4-16-91; Ord. No. 91-0009, § 1, 8-22-91; Ord. No. 91-0011, § 1, 12-17-91)