(A) It is unlawful for a child 15, 16 or 17 years of age to be in a public place in the town at any time during the following curfew hours:
(1) Between 12:00 midnight and 5:00 a.m. on Saturday or Sunday;
(2) After 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday;
(3) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday or Friday.
(B) It is unlawful for a child younger than 15 years of age to be in a public place in the town after 10:00 p.m. or before 5:00 a.m. on any day.
(C) Divisions (A) and (B) above do not apply to a child who is:
(1) Accompanied by the child's parent, guardian or custodian;
(2) Accompanied by an adult specified by the child's parent, guardian or custodian; or
(3) With the consent of a child's parent, guardian or custodian, either participating in, going to, or returning from:
(a) Lawful employment;
(b) A school sanctioned activity; or
(c) An expressive, religious or associational activity protected by either federal or state law, including but not limited to the free exercise of religion, freedom of speech, and the right of assembly.
(D) (1) A child who commits a curfew violation under this section is subject to the enforcement procedures provided in I.C. 34-28-5-1. Whenever a complaint is filed against a child for a violation of this section, the town shall direct a copy of the complaint to the County Prosecutor's Office, and to the child's parent, guardian or custodian, if such person is known or can be identified by a reasonable inquiry. The County Prosecutor's Office shall direct a copy of the complaint to the County Circuit Court or Superior Court with juvenile jurisdiction.
(2) In addition to the imposition of fines as provided in § 130.99, the court upon request shall order such injunctive relief as is appropriate and necessary to prevent a child from committing further violations of this section.
(E) It is unlawful for a parent, guardian or custodian of a child under the age of 18 years knowingly to allow that child to commit a curfew violation under this section.
(Ord. 09-19-2000-2, passed 9-19-00) Penalty, see § 130.99