(A) Curfew.
(1) It is a curfew violation for a child 15, or 16, or 17 years of age to be in a public place during the following times:
(a) Between 1:00 a.m. and 5:00 a.m. on Saturday or Sunday.
(b) After 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday.
(c) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
(2) A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:
(a) The child has violated this section; and
(b) There is no legal defense to the violation.
(I.C. 31-37-3-4)
(B) Parent, guardian prohibited from contributing to delinquency of child in their custody.
(1) For the purpose of this division the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHILD or CHILDREN. A male or female child under the age of 18 years.
(2) The Common Council believes that a high and responsible duty rests on a parent or parents as to their children’s training, conduct, and care, and the same thing is true of any other person or persons so responsible for any child or children. Therefore, it is hereby made unlawful for a parent, parents, person, or persons, having the care, custody, of a child or children, or any person having such control of a child or children by any act or omission of duty, to encourage and contribute that child or children to any delinquency.
(3) The parent, parents, person, or persons so charged with the care, custody, and control of the child or children who by any act or omissions of duty, encourages, contributes, and permits the child or children within the town to do the following acts, are guilty of a punishable violation:
(a) To allow such child or children to conduct himself, herself or themselves so as to endanger the morals or the health of himself or others.
(b) To allow such child or children to be in a disreputable place or to associate with vagrant, vicious, or immoral person(s).
(c) To allow such child or children to have an environment dangerous to life or limb, or injurious to the health or morals of that child or others.
(d) To allow such child or children to do any act that contributes to the waywardness of that child or any person at any time.
(e) To permit a child or children to habitually or frequently loiter late at night on the streets, alleys, public buildings, parks, and public places unattended by parent, parents, person, or persons having custody and control of that child or children.
(4) The judge of the appropriate court and the juvenile court judge shall have original jurisdiction in all proceedings and all matters under this section, in any case of any violation of any of the terms of this section.
(5) Any police officer of the town shall inquire into and investigate the actions of the parent, parents, person, and persons having custody and control of any child or children whom they have grounds to believe are violators of this section, and of any such child or children involved in the matter. The investigating officer or officers shall report the results of their inquiries and investigations to the probation officer, to the judge of the appropriate court, and the judge of the juvenile court.
(Ord. 10-15-05A, passed 10-15-05) Penalty, see § 130.99
Statutory reference:
Contributing to the delinquency of a minor, see I.C. 35-46-1-8
Curfews, local option, see I.C. 31-37-3-4