§ 13-46. Curfew for minors.

(a)

Established. A curfew for certain minors is hereby established as provided in this section. It shall be unlawful for any minor under the age of seventeen (17) years to loiter, idle, wander, stroll or drive any motorized vehicle or bicycle in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks or other public grounds, public places and public buildings, bus stations, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 10:00 p.m. and 5:00 a.m. from Sunday through Thursday and from 12:00 midnight to 5:00 a.m. from Friday through Saturday in the city; provided, however, that the provisions of this subsection do not apply to a minor accompanied by his parent, guardian or other adult person having the care and custody of the minor, or to a minor upon an emergency errand of legitimate purpose directed by his parents, guardian or other adult person having the care and custody of the minor. Each violation of the provisions of this subsection shall constitute a separate offense.

(b)

Parent's responsibility. It shall be unlawful for the parent, guardian or other person having the care and custody of a minor under the age of seventeen (17) years to permit such minor to loiter, idle, wander, stroll or drive any motorized vehicle or bicycle in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks or other public grounds, public places and public buildings, bus stations, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 10:00 p.m. and 5:00 a.m. from Sunday through Thursday and from 12:00 midnight to 5:00 a.m. from Friday through Saturday in the city; provided, however, that the provisions of this subsection do not apply to a minor accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or when the minor is upon an emergency errand or legitimate purpose directed by his or her parent, guardian or other adult person having the care and custody of the minor. Each violation of the provisions of this subsection shall constitute a separate offense.

(c)

Business operator's responsibility. It shall be unlawful for any person operating or in charge of any place of amusement, entertainment or refreshment or other business place to permit any minor under the age of seventeen (17) years to remain in such places during the hours prohibited by this section in the city; provided, however, that the provisions of this subsection shall not apply when such minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor.

(d)

Presumption of guilt. Any minor under the age of seventeen (17) years who shall be found to loiter, idle, wander, stroll or drive any motorized vehicle or bicycle in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks or other public grounds, public places and public buildings, bus stations, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 10:00 p.m. to 5:00 a.m., from Sunday through Thursday and from 12:00 midnight to 5:00 a.m. from Friday through Saturday, in the city, unless accompanied by his parents, guardian or other adult person having the care and custody of the minor, shall be presumed to be acting without the authority or permission of his or her parents, guardian or other adult person having the care and custody of the minor, which presumption may be rebutted by the testimony of the parent, guardian or other adult person having the care and custody of the minor.

(e)

Exceptions. Curfew hours shall not be imposed on designated nights when public and parochial schools and fraternal and social organizations shall be engaged in athletic, musical, dramatic or social activities for the benefit or entertainment of its students, or any designated nights designated as entertainment nights at such time as said fraternal and social organizations, and parochial and public schools shall be engaged in athletic, musical, dramatic or social activities for the benefit or entertainment of the children of the city or the parish (movie theatres included). The provisions of this section shall not apply to any student under the age of seventeen (17) years or his parent, guardian or other adult having the care and custody of such minor who is lawfully going to, attending or returning from any such duly designated school night or entertainment provided the student returns home within thirty (30) minutes after the termination of such civic, school or church activity or function, or movie.

(f)

Penalties. Any minor violating the provisions of subsection (a) hereof shall be dealt with in accordance with Juvenile Court Law and Procedures, as set forth R.S. 13:1564 through 13:1606 or applicable state law. Any parent, guardian or other adult person having the care and custody of a minor found guilty of violating subsection (b) hereof shall be punished as provided in section 1-5. Any person operating or in charge of any place of amusement, entertainment or refreshment in the city, who shall be found guilty of violating subsection (c) of this section, upon conviction shall be punished as provided in section 1-5.

(Code 1957, § 12-21)