(A) 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.
(B) It is a curfew violation for a child under 15 years of age to be in a public place after 11:00 p.m. or before 5:00 a.m. on any day.
(C) It is a defense to a violation of this subchapter if:
(1) The child engaged in the prohibited conduct while:
(a) Accompanied by his or her parent, guardian or custodian;
(b) Accompanied by an adult specified by his or her parent, guardian or custodian; or
(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 Article 1, § 31 of the Constitution of the State of Indiana, or both, such as freedom of speech and the right of assembly;
6. An activity conducted by a nonprofit or governmental entity that provides recreation, education, training or other care under the supervision of 1 or more adults.
(d) Engaged in interstate or international travel from a location outside Elkhart to another location outside Elkhart.
(2) 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; and
(c) In accordance with the laws of another state or jurisdiction.
(1979 Code, § 131.16) (Ord. 4179, passed 10-3-1994; Am. Ord. 4607, passed 8-20-2001)