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(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)
(A) The custodial parent or legal guardian of any child who commits a curfew violation, as defined herein, violates this subchapter and shall be subject to a fine of not more than $100.
(B) The court, in its discretion, may, in addition to imposing fines herein, order the custodial parent or legal guardian to perform community service for a specified period of time. The community service may be in addition to the requirement of the fine imposed. Additionally, if the custodial parent(s) or legal guardian(s) could not afford the fines, the judge, in his or her discretion may impose community service in lieu of the fines. The purpose of the community service would be to instill responsibility to the parent(s) or legal guardian(s) of the child(ren) involved.
(1979 Code, § 131.17) (Ord. 4179, passed 10-3-1994; Am. Ord. 4368, passed 7-8-1998; Am. Ord. 4607, passed 8-20-2001)
(A) Fifty percent of all monies collected and retained by the city for violation of this subchapter shall be deposited in the Drug Abuse Resistance Education Fund and shall be used solely for the purposes designated therein.
(B) The Drug Abuse Resistance Education Fund is hereby established as a separate dedicated non- reverting fund to be used to receive monies from penalties paid for fines from curfew violations pursuant to § 131.17. All sums of monies so collected and deposited in the separate dedicated fund shall be used solely for the purposes of the Drug Abuse Resistance Education (DARE) Program and shall be appropriated by the Council.
(C) Any and all interest earned on the monies deposited in the Drug Abuse Resistance Education Fund shall remain in the fund.
(1979 Code, § 131.18) (Ord. 4179, passed 10-3-1994)
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