(A) It is a curfew violation for a child 15, 16, or 17 years of age to be in a public place:
(1) Between 12:00 a.m. and 5:00 a.m. on Saturday or Sunday;
(2) After 10:30 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday; or
(3) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday or Friday.
(B) It is a curfew violation for a child less than 15 years of age to be in a public place after 10:00 p.m. or before 5:30 a.m. on any day.
(C) Defenses.
(1) It is a defense to a violation under divisions (A) and (B) above that the child, at the time that the child was engaged in the prohibited conduct, was emancipated:
(a) Under IC 31-37-19-27 or IC 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.
(2) It is a defense to a violation under divisions (A) and (B) 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 Article 1, Section 31 of the Constitution of the State of Indiana, or both, such as freedom of speech and the right to 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; or
(d) Engaged in interstate or international travel from a location outside Indiana to another location outside Indiana.
(D) A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless the law enforcement officer, after makings a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:
(1) The child has violated this section; and
(2) There is no legal defense to the violation.
(E) Penalty. Violation of this section shall subject the violator to a fine of no less than $25 and no more than $2,500 for each violation.
(‘82 Code, § 21-330) (Am. Ord. 826, passed 7-23-02; Am. Ord. 897, passed 5-18-04) Penalty, see § 10.99