(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DIRECT ROUTE. The shortest reasonable path of travel, or a commonly used route to reach a final destination without any detour or stop along the way.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious property damage, bodily injury or death. This term also shall include any action that is reasonably necessary in order to respond to the medical needs of a family member of the juvenile, regardless of whether the juvenile’s action is taken in order to prevent death or serious bodily injury.
ESTABLISHMENT. Any place of business operated for profit to which the public has access or is invited, including, but not limited to, any place of amusement or entertainment.
JUVENILE. Any person under the age of 18 years of age.
OWNER/OPERATOR. Any entity operating, managing or conducting any establishment, and that entity’s employees, agents and representatives.
PARENT. A person who is a natural parent, adoptive parent, foster parent or step-parent of another person or a person to whom legal custody has been given by court order.
PUBLIC PLACE. Any place that is generally open to and used by the public or a substantial group of the public, whether it be publicly or privately owned, including, but not limited to, streets, sidewalks, highways, alleys, rights-of-way, public vehicular areas or parking lots, transportation facilities, theaters, restaurants, shops, bowling alleys, schools and school grounds, places of business and amusement, playgrounds, parks, similar areas that are open to or accessible to the public.
REMAIN. To linger or stay in a public place, or to fail to leave the premises when requested to do so by a police officer, or to fail to leave the premises of an establishment when requested to do so by the owner/operator or employee of the premises.
RESTRICTED HOURS.
(a) For a juvenile 15, 16 or 17 years of age:
1. After 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday and before 5:00 a.m. on the following day; and
2. After 1:00 a.m. and before 5:00 a.m. on any Saturday or Sunday.
(b) For a juvenile less than 15 years of age: after 11:00 p.m. or before 5:00 a.m. on any day;
(c) For a juvenile in a cemetery or other facility used to memorialize the dead within the town: after 9:00 p.m. or before 5:00 a.m. on any day; and
(d) The time referred to herein is the prevailing standard of time, then observed by the public in the town.
(B) Offenses. Except as provided in division (C) below, each of the following offenses constitute a violation of this section:
(1) A juvenile being present in or remaining in any public place or on the premises of any establishment within the town during the restricted hours;
(2) A parent of a juvenile who knowingly permits, or by insufficient control allows that juvenile to remain in any public place or on the premises of any establishment within the town during the restricted hours. The term KNOWINGLY includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a juvenile in that parent’s legal custody. This requirement is intended to hold a neglectful or careless parent up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was indifferent to the activities or conduct or whereabouts of that juvenile;
(3) An owner/operator of an establishment knowingly allowing a juvenile to remain upon the premises of the establishment during the restricted hours. The term KNOWINGLY includes knowledge that an owner/operator should reasonably be expected to have concerning the patrons of an establishment. The standard for “knowingly” shall be whether a reasonable person in the owner/operator’s position should have known that the patron was a juvenile in violation of the terms of this section;
(4) Any person 18 years or older who aids and abets a juvenile in the violation of this section; and
(5) A parent who refuses to take custody during the restricted hours of a juvenile for whom the parent is responsible.
(C) Exceptions. A juvenile who is in a public place or establishment during the restricted hours shall not be in violation of this section if the juvenile is:
(1) Accompanied by his or her parent;
(2) Accompanied by an adult 18 years of age or older authorized by the parent of such juvenile to take the parent’s place in accompanying the juvenile for a designated period of time and purpose within a specified area;
(3) On an errand, using a direct route, at the direction of the juvenile’s parent;
(4) Engaged in a lawful employment activity, or using a direct route to or from a place of employment;
(5) Reacting or responding to an emergency or a circumstance reasonably believed to be an emergency;
(6) Attending or traveling to or from, by direct route, a legal school, political, religious or recreational activity that is supervised by adults and sponsored by a school, governmental entity, political organization, civic organization or another similar entity;
(7) Married or emancipated; and/or
(8) Exercising rights protected by the United States or Indiana Constitution or other wholesome nighttime activities of a juvenile, which may be inadequately provided for by other provisions of this section, in an appropriate time, place and manner and in accordance with a written document signed by the Marshal or his or her designee, which document shall be issued/utilized as the circumstances warrant, consistent with the purposes of this section and in accordance with the following:
(a) Carried on the person of the juvenile thus authorized, when a written application signed by a juvenile and by a parent of the juvenile, if feasible, is filed with the Town Marshal’s office, for the attention of the Town Marshal. That application shall state:
1. The name, age and address of the juvenile;
3. The height, weight, sex, color of eyes and hair and other physical characteristics of the juvenile;
4. The circumstances that warrant the juvenile remaining upon a public place during the restricted hours otherwise applicable; and
5. The public place and the restricted hours involved.
(b) In circumstances similar to divisions (C)(8)(a) above, but adapted to constitutional or other wholesome and legal restricted hour activities of more juveniles than can readily be dealt with on an individually issued written document. Where possible such documents for juveniles to be in public places should be applied for sufficiently in advance, to permit appropriate publicity through news media and through other agencies, and shall identify:
1. The activity;
2. The scope of the use of the public places permitted; and
3. The period of time involved (not to extend more than one hour beyond the time for termination of the activity).
(D) Defense. It is a defense to prosecution under division (B)(3) above when the owner/operator, of an establishment promptly notified the Town Marshal’s office that a juvenile was present on the premises of the establishment during the restricted hours and refused to leave.
(E) Enforcement.
(1) Before taking material enforcement action against a juvenile under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place or establishment during the restricted hours.
(2) The police officer shall not prepare a juvenile arrest report, issue a citation or make an arrest under this section unless the officer reasonably believes that a violation of the requirements of this section has occurred.
(Prior Code, § 130.01) (Ord. 2000-9, passed 9-19-2000) Penalty, see § 130.99