§ 131.16  CURFEW.
   (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)