(A) Curfew for children less than 15 years of age.
(1) 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.
(2) A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless the law enforcement officer, after making a reasonable determination and considering facts and surrounding circumstances, reasonably believes that:
(a) The child has violated this section; and
(b) There is no legal defense to the violation.
(B) Curfew for children 15, 16, or 17 years of age.
(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 section unless the law enforcement officer, after making a reasonable determination and considering facts and surrounding circumstances, reasonably believes that:
(a) The child has violated this section; and
(b) There is no legal defense to the violation.
(C) Defenses.
(1) It is a defense to a violation under this section that the child was emancipated:
(a) Under I.C. 31-37-19-27 or I.C. 31-6-4-15.7 (before its repeal);
(b) By virtue of having married; or
(c) In accordance with the laws of another state or jurisdiction;
at the time that the child engaged in the prohibited conduct.
(2) It is a defense to a violation under this section that the child engaged in the prohibited conduct while:
(a) Accompanied by the child’s parent, guardian, or custodian;
(b) Accompanied by an adult specified by the child’s parent, guardian, or custodian;
(c) Participating in, going to, or returning from:
1. Lawful employment;
2. A school sanctioned activity;
3. A religious event;
4. An emergency involving the protection of a person or property from an 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 Constitution of the State of Indiana, or both, such as freedom of speech and the right of assembly; or
6. 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;
(d) Participating in an activity undertaken at the prior written direction of the child’s parent, guardian, or custodian; or
(e) Engaged in interstate or international travel from a location outside Indiana to another location outside Indiana.
(D) Authority of police during curfew hours.
(1) Each police force member may stop and question any minor suspected of violating this section's provisions and may take the minor into custody when found violating provisions of this section after making the reasonable inquiry as outlined above. The officer shall take the minor to the city police headquarters where the name of the minor’s parent, guardian, or person having legal custody of him or her shall be ascertained.
(2) A person violating this chapter shall be referred to juvenile court officials for proper disposition.
(E) Adoption of Indiana Code. I.C. Title 31, Art. 37, Ch. 3 is adopted herein by reference.
(Ord. 10-13, passed 8-9-10) Penalty, see § 130.99