(A) Curfew hours. It shall be unlawful for any and all children under the age of 18 years, unless accompanied by a parent or guardian or in the discharge of some errand or mission for said parent or guardian, to loiter, loaf, linger or congregate or play upon the streets, alleys or public grounds of the town between the hours of 11 p.m. and 6 a.m.
(B) Violation; penalty. Any and all children violating this section will be detained by the Town Marshal, parents notified and report turned into the Juvenile Officer for further action.
(`77 Code, § 22.02)
(C) Exception. This section does not apply to a minor who is:
(1) Accompanied by the minor’s parent or guardian;
(2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor’s presence;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the town, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the town, a civic organization, or another similar entity that takes responsibility for the minor;
(8) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(9) Married or had been married or had disabilities of minority removed in accordance with state law.
Statutory reference:
For provisions regarding curfew, see I.C. 31-37-3-4