(A) It is a curfew violation for a child 15, 16 or 17 years of age to be in a public place in the county any time during the following curfew hours:
(1) Between 12:00 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.
(B) It is unlawful for a child younger than 15 years of age to be in a public place in the county after 11:00 p.m. or before 5:00 a.m. on any day.
(C) Divisions (A) and (B) 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 the 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 Juvenile Division of the Montgomery Superior Court, and to the child’s parent, guardian, or custodian, if such person is known or can be identified by a reasonable inquiry.
(2) In addition to the imposition of fines as provided in this code, 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. 2000-03, passed 4-19-2000; Am. Ord. passed - -2006) Penalty, see § 10.99