A. Definitions:
CURFEW HOURS: 1. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. on Saturday and Sunday.
2. Between one minute after eleven o'clock (11:01) P.M. on Sunday to Thursday, inclusive, and six o'clock (6:00) A.M. on the following day.
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 bodily injury or loss of life.
ESTABLISHMENT: Any privately owned place of business operated for a profit to which the public is invited.
GUARDIAN: A person, who, under court order, is the guardian of the person of a minor or a public or private agency with whom a minor has been placed by a court.
MINOR: Any person under seventeen (17) years of age.
PARENT: A person who is a natural parent, adoptive parent, or stepparent of another person; or at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE: Any place to which the public or a substantial group of the public have access and includes, but is not limited to, parks, streets, highways and public places.
REMAIN: To linger, stay or fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
SERIOUS BODILY INJURY: Any bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of any function of any bodily member or organ.
B. Offenses:
1. A minor commits a curfew offense when he or she remains in any public place or on the premises of any establishment during curfew hours.
2. A parent or guardian of a minor or other person in custody or control of a minor commits a curfew offense when he or she knowingly permits the minor to remain in any public place or on the premises of any establishment during curfew hours.
C. Defenses: It is a defense to violation under subsection B of this section that the minor was:
1. Accompanied by the minor's parent or guardian or other person in custody or control of the minor.
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 police department about the minor's presence.
7. Attending an official school, religious or other recreational activity supervised by adults and sponsored by a government or governmental agency, 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 a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor.
8. Married or had been married or is an emancipated minor under the emancipation of minors act.
D. Penalties And Enforcement:
1. Before taking any enforcement action under this section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this subsection D1 unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection C of this section is present.
2. Upon a violation of this section for the first time, the juvenile shall be given a warning citation.
3. A second offense by the same juvenile shall constitute a penalty to include, but not limited to, ten (10) hours of community service.
4. Any person or entity convicted of violating any provision of this section shall be fined not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for said violation, and each day that such a violation exists or continues shall be deemed a distinct and separate offense. (2016 Code)