(A) Curfew violations; children 15 through 17 years of age. 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) Right to detain or take custody of child for violation of division (A). A law enforcement officer may not detain a child or take a child into custody based on a violation of division (A) above unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:
(1) The child has violated said division (A); and
(2) There is no legal defense to the violation.
(C) Curfew violations; children less than 15 years of age. 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.
(D) Right to detain or take custody of child for violation of division (C). A law enforcement officer may not detain a child or take a child into custody based on a violation of division (C) above unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:
(1) The child has violated said division (C); and
(2) There is no legal defense to the violation.
(E) Intent of town; amendments to Indiana Code.
(1) It is the intent of the Town, by adoption of § 131.01, to incorporate the applicable provisions of I.C. 31-37-3, including any amendments thereto and future recodifications thereof.
(2) It is the intent of the Town that this section shall be in conformance with and not in conflict with I.C. 31-37-3, including any amendments thereto and future recodifications thereof. Any provision(s) found to be in conflict with the Indiana Code shall be deemed amended to conform to the statute. This section is passed pursuant to I.C. 31-37-3 to govern curfew violations within the town.
(3) To the extent possible under law, any future amendment(s) and/or recodification(s) of the applicable Indiana Code cited above in this section, shall be adopted by the passage of this section, or any amendment(s) thereto, and this section would be amended, without further action, to reflect a change(s) in the citation(s) to said Indiana Code when said updates, amendments, and/or recodifications occur and are appropriate, provided that said updates, amendments, and/or recodifications of the applicable section of Indiana Code do not alter the purpose of this section.
(1963 Code, Ch. 5, § 11) (Ord. 2-1957, passed 5-20-1957; Am. Ord. 5-2007, passed 5-7-2007) Penalty, see § 131.99
Statutory reference:
Curfews-local option, see I.C. 31-30