(A) Designated.
(1) It is a curfew violation for a child 15, 16, or 17 years of age to be in a public place:
(a) Between 1:00 a.m. and 5:00 a.m. on Saturday or Sunday;
(b) After 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday; or
(c) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
(2) A law enforcement officer may not detain a child or take a child into custody based on a violation of this chapter unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:
(a) The child has violated this chapter; and
(b) There is no legal defense to the violation.
(IC 31-37-3-2)
(3) It is a curfew violation for a child under 15 years of age to be in a public place after 11:00 p.m. or before 5:00 a.m. on any day.
(4) A law enforcement officer may not detain a child or take a child into custody based on a violation of this chapter unless the enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:
(1) The child has violated this chapter; and
(2) There is no legal defense to the violation.
(IC 31-37-3-3)
(3) This section does not apply to a child who is:
(a) Accompanied by his parent, guardian, or custodian;
(b) Accompanied by an adult specified by his parent, guardian, or custodian; or
(c) Participating in, going to, or returning from:
(i) Lawful employment;
(ii) A school sanctioned activity; or
(iii) A religious event.
(B) Parent or guardian responsibility. It is unlawful for any parent, guardian or other person having legal custody of any person under the age of 18 years to allow or permit such child, ward or other person under such age, while in his or her legal custody, to go or be in or upon any of the streets, alleys or public places in the town within the time prohibited in division (A) of this section unless there exists a reasonable necessity. ('80 Code, § 9.12.020)
(C) Taking child into custody.
(1) A child may be taken into custody by any law enforcement officer under an order of the Court.
(2) A child may be taken into custody by an law enforcement officer acting with probable cause to believe that the child is wilfully violating the provisions of division (A).
(3) No child or minor person arrested under the provisions of this section shall be placed in confinement until the parent, guardian, or other person having legal custody of such person under the age of 18 years has first been contacted by the police department to ascertain the wishes of the parent, guardian, or other person having legal custody of such person under the age of 18 years, and the parent, guardian, or other person having legal custody of such person under the age of 18 years has refused to be held responsible for the observance of the provisions of this section by the minor person.
(Ord. 6-1961, passed - -61) Penalty, see § 130.99