(A) Curfew. It shall be a curfew violation for a child under the age of 18 years to be in a public place between 11:00 p.m. and 5:00 a.m. on any day, except the curfew for a child, 15, 16, or 17 years of age on Friday or Saturday night shall be between 12:00 a.m. and 5:00 a.m. This curfew law does not apply to a child who is:
(1) Accompanied by his or her parents, guardian, or custodian;
(2) Accompanied by a person at least 21 years of age specified or allowed to be in a particular place with the responsible adult by the parent; or
(3) Participating in, going to, or coming from lawful employment, a school sanctioned event, or a religious activity.
(B) Parents and guardians, etc.; unlawful acts. It shall be unlawful for any parent, guardian, or custodian to allow his or her child or ward to violate the provisions of this section.
(C) Defenses.
(1) It is a defense to a violation under division (A) above that the child was emancipated:
(a) Under I.C. 31-37-19-27 or I.C. 31-6-4-15.7 (before its repeal);
(b) By virtue of having married; or
(c) In accordance with the laws of another state or jurisdiction; at the time that the child engaged in the prohibited conduct.
(2) It is a defense to a violation under division (A) above that the child engaged in the prohibited conduct while:
(a) Accompanied by the child’s parent, guardian or custodian;
(b) Accompanied by an adult specified by the child’s parent, guardian or custodian;
(c) Participating in, going to or returning from:
1. Lawful employment;
2. A school sanctioned activity;
3. A religious event;
4. An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
5. An activity involving the exercise of the child’s rights protected under the First Amendment to the United States Constitution or Art. 1, § 31, of the Constitution of the state, or both, such as freedom of speech and the right of assembly; or
6. An activity conducted by a nonprofit or governmental entity that provides recreation, education, training or other care under the supervision of one or more adults.
(d) Participating in an activity undertaken at the prior written direction of the child’s parent, guardian or custodian; or
(e) Engaged in interstate or international travel from a location outside the state to another location outside the state.
(3) It is the intent of the city, by adoption of this division (B), to incorporate the applicable provisions of I.C. 31-37-3, including any amendments thereto and future recodifications thereof.
(4) It is the intent of the city that this section shall be in conformance with and not in conflict with I.C. 31-37-3, including any amendments thereto and future recodifications thereof. Any provision(s) found to be in conflict with the Indiana Code shall be deemed amended to conform to the statute. This section is passed pursuant to I.C. 31-37-3 to govern curfew violations within the city.
(5) To the extent possible under law, any future amendment(s) and/or recodification(s) of the applicable Indiana Code cited above in this section, shall be adopted by the passage of this section, or any amendment(s) thereto, and this section would be amended, without further action, to reflect a change(s) in the citation(s) to the Indiana Code when the updates, amendments and/or recodifications occur and are appropriate; provided that, the updates, amendments and/or recodifications of the applicable section of Indiana Code do not alter the purpose of this section.
(Ord. 1991-04, passed 10-1-1991) Penalty, see § 130.99