(A) Prohibited.
(1) In places of public assembly, conveyance, or use. No person shall loiter, lounge or loaf in or about any place of business or commerce, sidewalk, parking lot, alley, street crossing, bridge, street, or other place of assembly or public use after being requested to move on by any police officer or by the owner or other person in charge of such place. Upon being requested to move a person shall comply immediately with such request by leaving the premises or the area.
(2) Where signs posted. No person shall loiter, lounge or loaf on private property posted by means of a sign or signs prohibiting such conduct or within 100 feet of such a sign, without the express consent of the owner or other person in charge thereof. The presence of a person on such property for a period of 10 minutes or longer without such consent in writing and without transacted business with the owner, person in charge, or his/her/its agent shall be presumptive evidence of a violation of this division.
(B) Obstruction of traffic prohibited. No person shall loiter or loaf upon the public streets, alleys, sidewalks, street crossings, or bridges or in any other public place within the town in such a manner as to prevent, interfere with, or obstruct the ordinary free use of such public street, alley, sidewalk, street crossing, or bridge or other public place by persons passing along or over same.
(C) Daytime juvenile loitering prohibited.
(1) It is unlawful for any minor under the age of 18 years, who is subject to compulsory education, to loiter, idle, wander, stroll or aimlessly drive or ride about in a vehicle, in or upon any public street, avenue, highway, road, curb, area, alley, park, playground or other public ground, public place or public building or residential neighborhood, place of amusement or eating place, vacant lot or abandoned or vacant building between the hours of 8:00 a.m. and 2:30 p.m. of the same day or days when the minor’s school is in session. School as used herein has reference to the actual school to which he or she should be assigned to and otherwise attending pursuant to the State of Indiana compulsory education system. This division does not apply when:
(a) The minor is accompanied by his or her parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor, or by his or her spouse 18 years of age or older;
(b) The minor is upon an errand directed by his or her parent(s), legal guardian(s) or other adult person(s) having the legal care of custody of the minor, or by his or her spouse 18 years of age or older, which is either an emergency, or verified by written instructions or telephone; or
(c) The minor has in his or her possession a written excuse from his or her parent(s), legal guardian(s) or other adult person(s) having the legal care or custody of the minor, or from his or her spouse 18 years of age or older; or
(d) The minor has permission to leave campus and has in his or her possession a valid, school-issued, off-campus permit; or
(e) The minor is going directly to or returning directly from a public meeting, or place of public entertainment, such as a movie, play, sporting event, dance or school activity, provided such meeting, event or activity is a school-approved activity for the minor or is otherwise supervised by school personnel of the minor’s school; or
(6) The minor is going directly to or coming directly from a medical appointment or his or her place of lawful employment; or
(f) The minor is receiving instruction by a qualified tutor, or is otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code; or
(g) The presence of such minor in said place or places is connected with, or required to, a business, trade, profession or occupation in which the minor is lawfully engaged; or
(h) During such time the minor is not required to be in school.
(2) Parental responsibility. Every parent guardian or other person having legal care, custody or control of any person under the age of 18 years who allows or permits such a person to violate any provision of this division is guilty of an infraction.
(3) Infraction. Notwithstanding any other provision of this section, a violation of divisions (C)(1) and (C)(2) shall constitute an infraction punishable by a fine not to exceed $100. The court may set aside the fine imposed by this division or any portion thereof if the fine is based on the minor’s first infraction under this division and provided the minor produces proof satisfactory to the court that the following has occurred during the period between the initial hearing on the infraction, if any, and any subsequent hearing set by the court:
(a) The minor has had no unexcused absences from school; and
(b) The minor has performed 10 hours of court-approved community service during times other than said minor’s hours of school attendance; or
(c) The minor’s parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor has or have attended a parenting class or a series of parenting classes approved by the court.
(Ord. 2000-05, passed 6-21-2000)