(A) Curfew hours for children 15, 16 and 17 years of age. It is unlawful for a child 15, 16 or 17 years of age to be in a public place in the city at any time during the following curfew hours:
(1) Between 12:00 a.m. and 5:00 a.m. on Saturday or Sunday;
(2) Between 10:00 p.m. and 5:00 a.m. on Sunday, Monday, Tuesday, Wednesday or Thursday.
(B) Curfew hours for children younger than 15 years of age. It is unlawful for a child younger than 15 years of age to be in a public place in the city after 10:00 p.m. or before 5:00 a.m. on any day.
(C) Defenses. Divisions (A) and (B) of this section do not apply to a child who is:
(1) Emancipated under I.C. 31-37-19-27; by virtue of having married or in accordance with the laws of another state or jurisdiction;
(2) Accompanied by the child’s parent, guardian or custodian;
(3) Accompanied by an adult specified by the child’s parent, guardian or custodian;
(4) Participating in, going to, or returning from lawful employment, school sanctioned activity, a religious event or an emergency involving the protection of a person or property from 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, Section 31 of the Indiana State Constitution, or both; or
(6) An activity conducted by a non-profit or governmental entity that provides recreation, education, training or other care under the supervision of 1 or more adults; and
(7) Engaged in interstate or international travel from a location outside Indiana to another location outside Indiana.
(D) Enforcement.
(1) A child who commits a curfew violation under this section is subject to the enforcement procedures provided in I.C. 34-28-5-1. Whenever a complaint is filed against a child for a violation of this section, the city shall direct a copy of the complaint to the Juvenile Division of the Lake Superior Court, and to the child’s parent, guardian or custodian, if such person is known or can be identified by a reasonable inquiry.
(2) In addition to the imposition of fines, the court upon request shall order such injunctive relief as is appropriate and necessary to prevent a child from committing further violations of this section.
(E) Curfew, responsibility of parent, guardian or custodian. It is unlawful for a parent, guardian or custodian of a child under the age of 18 years recklessly to cause, suffer or allow that child to commit a curfew violation under this section. If a parent, guardian or custodian, or child is charged with a second or subsequent violation of this section, there shall be a presumption that he or she is responsible under this section for the child’s violation of thus section.
(Prior Code, § 132.20) (Ord. 7575, passed 4-26-1993; Am. Ord. 7792, passed 5-22-1995; Am. Ord. 8376, passed 8-27-2001; Am. Ord. 8939, passed 7-29-2008; Am. Ord. 8944, passed 8-14-2008) Penalty, see § 132.999