(A) It shall be unlawful for:
(1) (a) Any minor person to loiter, idle, congregate, stroll, play, or remain in or upon any of the streets, alleys, parks, or public places or establishments, either on foot or in a vehicle of any kind, within the city if the minor;
1. Is under 15 years, between the hours of 11:00 p.m. and 5:00 a.m. local time of any day; or
2. Is 15, 16, or 17 years of age, between the hours of 11:00 p.m. and 5:00 a.m. of the next day on Sunday through Thursday, or between the hours of 12:00 a.m. on a Friday or Saturday night and 5:00 a.m. of the succeeding Saturday or Sunday morning.
(b) However, this division (A)(1) shall not apply to any such minor when accompanied by his or her parent or guardian, or other adult person having been designated by a parent or guardian to accompany the minor, or if the minor is engaged in lawful employment or school and church sponsored activities, or when going directly to or returning directly home therefrom, provided, however, the minor shall not be permitted to loiter during prohibited hours in going to or returning to his or her home from the activities.
(2) Any parent, guardian, or other person having the authorized custody, care, and control of any minor person to knowingly and willfully permit the person to be in violation of the curfew hours imposed under division (A)(1) above.
(B) Any minor found to be in violation of the curfew hours prescribed under division (A)(1) above shall be taken into custody by an enforcement officer and treated as a delinquent child in accordance with I.C. 31-37-3-2(b) and I.C. 31-37-3-3(b). Any person who violates division (A)(2) above shall be liable to a fine as set forth in § 10.99.
(1985 Code, § 4-3-1) (Ord. 9-1978, passed 6-30-1978; Ord. 7A-1984, passed - -1984; Ord. 12-1984, passed - -1984) Penalty, see § 10.99