§ 92.01  CURFEW FOR MINORS.
   (A)   The purpose of this section is to:
      (1)   Promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the city;
      (2)   Promote the safety and well-being of the city's youngest citizens, persons under the age of 17, whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; and
      (3)   Foster and strengthen parental responsibility for children.
   (B)   It is a curfew violation for a child 15, 16, or 17 years of age to be in a public place:
      (1)   Between 1:00 a.m. and 5:00 a.m. on Saturday or Sunday;
      (2)   After 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or
      (3)   Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
   (C)   It is a curfew violation for a child less than 15 years of age to be in a public place after 11:00 p.m. or before 5:00 a.m. on any day.
   (D)   This section does 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)   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)   Whenever the city determines that any curfew time established by division (A) or (B) is later than is reasonable for public safety under the conditions found to exist, the city may, by ordinance, advance the curfew time within its jurisdiction by not more than two hours.
         (e)   The city may determine that a curfew time is necessary for the peace, order, and safety of a cemetery or other facility to memorialize the dead, and may by ordinance impose upon cemeteries or other facilities to memorialize the dead within the jurisdiction of the city a curfew time earlier than those curfew times established by divisions (A) or (B) of this section, but not by more than four hours.
   (E)   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 making 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.
(I.C. 31-37-3-1 through 31-37-3-5)  (1980 Code, § 92.01)  (Ord. 2015, passed 9-26-2000)  Penalty, see § 92.99