(a) It is unlawful for any parent, guardian or other person having care or custody of any child under the age of eighteen (18) years to allow or permit any such child to loiter or remain upon any street, alley, park, playground, school yard or other public place, on foot or in a vehicle, subsequent to the hour of 12:00 a.m. (midnight), or prior to 5:00 a.m., except for an emergency errand or legitimate business directed by the parent, guardian or other adult person having care and custody of the minor, engaging in lawful interstate travel, going or returning home from officially sanctioned lawful employment, school, religious or other recreational activity when that travel is directly to or from such event, or unless such child is accompanied by the parent, guardian or other person of the age of twenty-one (21) years having permission of the parent or guardian to have the custody or care of such child.

(b) It shall be unlawful for any child under the age of eighteen (18) years to loiter or remain upon any street, alley or other public place, on foot or within or upon a vehicle, subsequent to the hour of 12:00 a.m. (midnight) or prior to 5:00 a.m., except for an emergency errand or legitimate business directed by the parent, guardian or other adult person having care and custody of the minor, engaging in lawful interstate travel, going or returning home from officially sanctioned lawful employment, school, religious or other recreational activity when that travel is directly to or from such event, or unless such child is accompanied by the parent, guardian or other person of the age of twenty-one (21) years having permission of the parent or guardian to have the custody or care of such child.

(c) The Chief of Police or his designee is hereby authorized to take into custody any person or persons violating any of the provisions of Subsection (b), and the person or persons so taken into custody may be taken to the Frederick Police Station and released to their parents or guardians or other person of the age of twenty-one (21) years having permission of the parent or guardian to have the custody or care of such child. Upon a subsequent violation of Subsection (b) and upon any violation of Subsection (a), the person or persons taken into custody may be so charged. (Ord. 303 §11-301, 1977; Ord. 916 §1, 2007)