5-2-1: CURFEW:
   A.   Curfew Hours: It shall be unlawful for any minor to go or to remain upon any pedestrian or vehicular thoroughfare, public place or other premises open to the public, or to operate or to ride in a vehicle at any such location between the hours of eleven o'clock (11:00) P.M. and five o'clock (5:00) A.M. on weeknights, Sunday through Thursday, with the exception of Friday and Saturday with the curfew hours being one o'clock (1:00) A.M. to five o'clock (5:00) A.M. (Ord. 241, 10-13-1997; amd. 2011 Code)
   B.   Exceptions: This prohibition shall not apply to:
      1.   A minor accompanied by his or her parent, guardian or other adult person having care and custody of said minor.
      2.   A minor upon an emergency errand or legitimate business directed or authorized by his or her parent, guardian, or other adult person having the care and custody of said minor.
      3.   A minor participating in a lawful youth group activity of which the local law enforcement department has been notified.
      4.   A minor who is lawfully married.
      5.   A minor who is a member of the armed forces of the United States on active duty or on authorized leave from active duty.
      6.   A minor having a written note, dated and signed by a parent or guardian permitting otherwise.
   C.   Violation; Responsibility Of Enforcement Official:
      1.   Any law enforcement officer finding a minor in any violation of this curfew restriction shall ascertain the name and address of the minor, warn the minor that he or she is in violation of curfew and direct the minor to proceed at once to his or her house or usual place of abode.
      2.   The officer shall also cause such action to be reported to the minor's parent, guardian, or person having custody or control.
      3.   If the minor refuses to heed such direction by the officer, or refuses to disclose his or her correct name and address, or if the minor has been advised on any previous occasion that he or she is in violation of curfew, the minor may be taken to the office of the department of law enforcement, and the parent, guardian, or other adult person having care and custody of the minor shall be requested to come and take charge of the minor.
      4.   If the parent, guardian, or the adult person cannot be located or fails to come and take charge of said minor, or if such parent, guardian, or adult person has been requested to come and take charge on one or more previous occasions, a petition may be filed in a court of competent jurisdiction under the juvenile corrections act of the state 1 , as appropriate to the circumstances.
(Ord. 241, 10-13-1997)

 

Notes

1
1. IC § 20-501 et seq.