(A) Curfew hours.
(1) Subject to the exemptions provided in division(B) below, it is a violation of this section for a minor child age 15, 16, or 17 to be in a public place within the town's limits during the following days and times:
(a) After 11:59 p.m. on Friday or Saturday;
(b) Before 5:00 a.m. on Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, or Saturday; or
(c) After 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday.
(2) Subject to the exemptions provided in division(B) below, it is a violation of this section for a minor child younger than the age of 15 to be in a public place within the town's limits after 10:00 p.m. and before 5:00 a.m. any day of the week.
(B) Exemptions. This section does not apply to a child who is:
(1) Accompanied by his parent, guardian, or custodian;
(2) Accompanied by an adult specified by his parent, guardian, or custodian;
(3) Carrying out an errand or participating in another lawful activity undertaken at the prior written direction of the child’s parent, guardian, or custodian; or
(4) 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 I, 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;
(5) Attending the June Jamboree with the permission of a parent, guardian, or custodian, and the curfew shall be midnight (12:00 a.m.) to 5:00 a.m. on the days of the event;
(6) Emancipated under Indiana law, by virtue of having married, or in accordance with the laws of another state or jurisdiction; and/or
(7) Engaged in interstate or international travel from a location outside Indiana to another location outside Indiana.
(C) Authority of police during curfew hours.
(1) (a) Any police officer may stop and question any minor suspected of violating this section's provisions and may take the minor into custody when:
1. The minor is found to be violating provisions of this section; and
2. There is no legal defense or exemption to the violation per division (B) of this section.
(b) If the officer takes the minor into custody, the officer shall take the minor to the headquarters of the Police Department where the name and contact information of the minor's parent, guardian, or custodian shall be ascertained.
(2) The parent, guardian, or person having legal custody shall be notified or summoned by the investigating officer to appear at the police headquarters to complete the investigation.
(3) The investigating officer, if he or she is satisfied that a violation of this section has occurred, shall issue a summons to the parent, guardian, or custodian of the minor to appear in the Town Court to answer to the charge of the violation of this section.
(D) Penalty. Any parent, guardian, or legal custodian of a minor found to have violated any provision of division (A) of this section shall be fined in accordance with § 13.02. In addition, any minor found to have violated any provision of division (A) of this section may be referred to the Madison County Juvenile Court.
(Am. Ord. 2007-05, passed 7-5-07; Am. Ord. 2011-08, passed 6-2-11) Penalty, see § 130.99