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INDEPENDENCE MUNICIPAL CODE
SEC 18-109. Curfew
(A) No minor under the age of 15 years shall be in or upon any street, highway, park, alley or other public place within the city between the hours of 9:30 p.m. and 4:00 a.m. of the following morning, provided that on and during any night immediately preceding a day upon which the public school will be closed, the hours shall be 10:00 p.m. to 4:00 a.m. of the following morning.
(B) No minor of the age of 15 years or over but under the age of 18 years shall be in or upon any street, highway, park, alley or other public place within the city between the hours of 10:30 p.m. and 4:00 a.m. of the following morning, provided that on and during any night immediately preceding a day upon which the public schools will be closed, the hours shall be 12:00 midnight to 4:00 a.m. of the following morning.
(C) The provisions of divisions (A) and (B) of this section shall not apply to any minor accompanied by a parent, guardian or any other person 21 years of age or over and authorized by the parent or by law to have the care and custody of the minor or to any minor who is then engaged in a lawful pursuit or activity which requires his or her presence in the public places during the hours specified in this section.
(D) It shall be a defense to any prosecution under this chapter if the court finds that a minor was in violation at the time the minor had received a permit for expressive activity from the city.
(1) A minor who desires to engage in expressive activity at times as would otherwise be prohibited by the curfew provisions may do so by first obtaining a permit from the city.
(2) The application for the permit shall describe the type of expressive activity. It shall also describe the time(s) when the activity shall be undertaken.
(3) A permit shall be obtained at least 48 hours prior to the activity.
(4) The application for the permit shall be signed by the minor and countersigned by the minor's parents/guardians.
(5) There shall be no fee for the permit.
(a) For the purposes of this section, the term EXPRESSIVE ACTIVITY shall include those forms of religious, associational or speech activity that are beyond the ability of the city to prohibit by virtue of the federal and state constitutions.
(b) This definition shall not be construed to expand the scope of the term EXPRESSIVE ACTIVITY.
(7) The permit shall be issued for a period not to exceed 24 hours and shall be carried about the person at all times that they are within the term EXPRESSIVE ACTIVITY.
(Ord. 1355, passed 12-9-1997) Penalty, see § 1.3.1