(A) Children 15, 16 and 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.
(I.C. 31-37-3-2(a))
(B) Children under 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.
(I.C. 31-31-3-3(a))
(C) Exceptions. This section shall not apply to a child who is:
(1) Accompanied by the child’s parent, guardian, or custodian;
(2) Accompanied by an adult specified by the child’s parent, guardian, or custodian;
(3) Participating in, going to, or returning from:
(a) Lawful employment;
(b) A school sanctioned activity;
(c) A religious event;
(d) An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
(e) 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 Constitution of the State of Indiana, or both, such as freedom of speech and the right of assembly; or
(f) An activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one or more adults;
(4) Participating in an activity undertaken at the prior written direction of the child’s parent, guardian, or custodian; or
(5) Engaged in interstate or international travel from a location outside Indiana to another location outside Indiana.
(I.C. 31-37-3-3.5(b))
(D) Defenses under I.C. 31-37-3-3.5(a). It is a defense to a violation under this section that the child was emancipated:
(1) Under I.C. 31-37-19-27 or I.C. 31-6-4-15.7 (before its repeal);
(2) By virtue of having married; or
(3) In accordance with the laws of another state or jurisdiction;
at the time that the child engaged in the prohibited conduct.
(I.C. 31-37-3-3.5(a))
(E) Penalties. The custodial parent or legal guardian of any child who commits a curfew ordinance violation, as defined herein, violates this section and shall be subject to the following fines:
(1) Twenty-five dollars for a first offense;
(2) One hundred dollars for a second offense within a one-year period; or
(3) Two hundred dollars for a third offense and every subsequent offense within a one-year period.
(Ord. 1989-7, passed 8-28-1989; Am. Ord. 2007-8, passed 12-17-2007)