(A) It shall be a violation of this section establishing a curfew for certain individuals 17 years old or younger, or an individual who is 15, 16, or 17 years of age, to be in a public place:
(1) Between 12:00 a.m. on Friday and Saturday, and 5:00 a.m. on Saturday and Sunday;
(2) After 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; and
(3) Before 5:00 a.m. on Monday, Tuesday, Wednesday, or Thursday.
(B) It shall be a violation of this section and the curfew established hereby for an individual under 15 years of age to be in a public place after 10:00 p.m. or before 5:00 a.m. on any day.
(C) This section shall not apply to an individual who is:
(1) Accompanied by his or her parents, guardian, or legal custodian;
(2) Accompanied by an adult specified by his or her parent, guardian, or legal custodian;
(3) Participating in, going to, or returning from:
(a) His or her lawful employment;
(b) A school sanctioned event;
(c) A religious event;
(d) An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
(e) An activity involving the exercise of the child’s rights protected under the First Amendment to the United States Constitution or Article 1, § 31 of the Constitution of the State of Indiana, or both, such as freedom of speech and the right of assembly; or
(f) 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:
1. Participating in an activity undertaken at the prior written direction of the child’s parent, guardian, or custodian; or
2. Engaged in interstate or international travel from a location outside Indiana to another location outside the state of Indiana.
(D) The custodial parent, legal guardian, or legal custodian of any individual who commits a curfew violation as defined by this section violates this section as does the individual over whom they hold legal custody or legal guardianship, and all shall be subject to the penalties provided for the violation of this section.
(Prior Code, § 5.12) (Ord. 1996-1, passed 3-5-1996) Penalty, see § 130.99