(A) It shall be unlawful for any person 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.
(B) It shall also be unlawful for any parent, guardian or other adult person having the care and custody of any person 15, 16 or 17 years of age knowingly to permit the minor person to be upon the streets, alleys, public places, public grounds or public thoroughfares of the city during the above-mentioned hours.
(C) It shall be unlawful for any child less than 15 years of age, on any day to be in a public place after 11:00 p.m. or before 5:00 a.m.
(D) It shall also be unlawful for any parent, guardian or other adult person having the care and custody of any person less than 15 years of age knowingly to permit the minor person to be upon the streets, alleys, public places, public grounds or public thoroughfares of the city during the above-mentioned hours.
(E) The following are defenses to this section:
(1) The minor was emancipated pursuant to I.C. 31-37-19-27 (or its precursors or successor provisions), by virtue of having been married or in accordance with the laws of another state or jurisdiction at the time the minor engaged in the prohibitive conduct.
(2) The minor is accompanied by the minor’s parent, guardian or custodian.
(3) The minor is accompanied by an adult specified by the minor’s parent, guardian or custodian.
(4) The minor was participating in, going to or returning from:
(a) Lawful employment;
(b) A school-sanctioned activity;
(c) A religious event; or
(d) An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage.
(5) The minor was participating in an activity involving the exercise of said minor’s rights protected under the First Amendment to the United States Constitution, Article I, Section 31 of the Constitution of the state or both, such as freedom of speech and the right of assembly.
(6) The minor was participating in an activity conducted by a non-profit or governmental entity that provides recreation, education, training or other care under the supervision of one or more adults.
(7) The minor was participating in an activity undertaken at the prior written direction of the minor’s parent, guardian or custodian.
(8) The minor was engaged in interstate or international travel from a location outside of the state to another location.
(Prior Code, § 131.06) (Ord. G-12-71, passed 7-13-1971; Ord. G-18-6, passed 4-30-2018) Penalty, see § 131.99