(A) (1) 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.
(2) It is a curfew violation for children 15 through 17 years of age to be in a public place:
(a) Between 1:00 a.m, and 5:00 a.m. on Saturday or Sunday;
(b) After 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or
(c) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
(3) 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:
(a) The child has violated this section; and
(b) There is no legal defense to the violation.
(4) It is a defense to a violation under this chapter that the child was emancipated.
(5) It is a defense to a violation under this chapter 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 Art. 1, § 31 of the Constitution of the State, or both, such as freedom of speech and the right of 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.
(d) Participating in an activity undertaken at the prior written direction of the child’s parent, guardian, or custodian; or
(e) Engaged in interstate or international travel from a location outside the state to another location outside the state.
(6) The city has the option and right under I.C. 31-37-3-4 to determine that any curfew time established by the state statute that is later than Is reasonable for public safety under the conditions found to exist in the city may, by ordinance, advance the curfew time by not more than two hours. The city, at this time, adopts the current state standards. Additionally, the city may advance by up to four hours curfew times for the peace, order, and safety at a cemetery or other facility used to memorialize the dead, but the city elects not to do so at this time,
(B) (1) It is a defense to a violation under this subchapter that the child was emancipated:
(a) Under I.C. 31-37-19-27 or I.C. 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 at the time that the child engaged in the prohibited conduct.
(2) It is a defense to a violation under this subchapter 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 Art. 1, § 31 of the Constitution of the State, or both, such as freedom of speech and the right of 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.
(d) Participating in an activity undertaken at the prior written direction of the child’s parent, guardian, or custodian; or
(e) Engaged in interstate or international travel from a location outside the state to another location outside the state.
(Prior Code, § 135.03)
(Ord. 11-0016, passed 7-25-2011; Ord. 0-08-0015, passed 7-28-2008) Penalty, see § 134.999