(A) It shall be unlawful for any person under the age of 16 years to be upon the public streets, alleys, public places, public grounds or public thoroughfares of the town during the hours from 10:00 p.m. official town time to 5:00 a.m. official town time. It shall also be unlawful for any parent, guardian or other adult person having the care or custody of any person under the age of 16 years knowingly to permit such minor person to be upon the streets, alleys, public places or public thoroughfares of the town during the above mentioned hours. The provisions of this section shall not apply when such minor person is accompanied by parent, guardian or other adult person having care or custody of such person, or while such minor is engaged in some necessary business.
(B) A citation for violation of division (A) of this section may be issued by a police officer only if the officer reasonably believes that a violation has occurred and that the minor was not:
(1) Accompanied by the minor’s parent or guardian;
(2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Town Metropolitan Police Department about the minor’s presence;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the town, a civic organization, or another similar entity that takes responsibility for the minor;
(8) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(9) Married or had been married or had disabilities of minority removed in accordance with state law.
(1991 Draft Code, § 6-42) (Ord. 1-1970, passed 2-9-1970) Penalty, see § 131.99
Statutory reference:
Permission for towns to advance the curfew time by not more than one hour when based on public safety reasons, see I.C. 31-6-4-2