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It shall be unlawful for any person within the town, by any loud or unnecessary talking or shouting or by any threatening, abusive, profane, or obscene language or violent action, or by any other rude behavior, to interrupt, molest, annoy, or disturb any group of persons convened for the purpose of worship, or in like manner to interrupt, molest, annoy, or disturb any meeting of persons met together for any lawful purpose. A violation of this section shall be deemed a Class B infraction.
(‘82 Code, § 21-320) Penalty, see § 10.99
CURFEW
“CURFEW.” A prohibition against any person walking, running, loitering, standing, or motoring upon any alley, street, highway, public property, or vacant premises within the corporate limits of the town during the hours in which a curfew has been imposed, excepting persons officially designated to duty with reference to the civil emergency.
(‘82 Code, § 21-100(10))
(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
(A) No person shall enter or remain upon the premises of any public park, grounds, or facilities of the town during the hours from 10:00 p.m. to 5:00 a.m., prevailing official local standard time, unless prior permission has been obtained from the Park Board of the town, except as hereinafter provided.
(B) No person shall enter or remain upon the premises of the North Park of the town, located at Cline Avenue and Lakeshore Drive, during the hours from 10:00 p.m. to 5:00 a.m. prevailing official local standard time, unless prior permission has been obtained from the town Chamber of Commerce, if the town Chamber of Commerce is the agent under a then-existing lease, or from the Park Board of the town. The Chamber of Commerce, while it remains agent of this property shall be permitted to post signs concerning the curfew regulations described.
(C) Violations of this section shall be punished as all other violations of sections and Town Code provisions.
(‘82 Code, § 21-600; Am. Ord. 537, passed 7-24-91) Penalty, see § 10.99
EDITOR’S NOTE:
This chapter contains references to those sections of state law which prohibit the most common offenses against public order. These citations are intended only as convenient references. It is not the intention of the municipality to incorporate such statutory provisions in this code of ordinances, and such provisions are specifically not incorporated by reference.
OFFENSE | IC SECTION |
DESECRATION OF U.S. FLAG | 35-45-1-4 |
DISORDERLY CONDUCT | 35-45-1-3 |
HARASSMENT | 35-45-2-2 |
INTIMIDATION | 35-45-2-1 |
RIOTING | 35-45-1-2 |
UNLAWFUL DISCLOSURE | 35-45-2-4 |