(A) Curfew hours for minors younger than 16 years of age. It is a curfew violation for a child less than 16 years of age to be in a public place after 11:00 p.m. or before 5:00 a.m. on any day.
(B) Curfew hours for children 16 and 17 years of age. It is a curfew violation for a child 16 or 17 years of age to be in a public place:
(1) Between 1:00 a.m. and 5:00 a.m. on Saturday or Sunday;
(2) After 11:00 p.m. Sunday, Monday, Tuesday, Wednesday or Thursday; or
(3) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday or Friday.
(C) Emancipation. It is a defense to a violation under this section that the child was emancipated:
(1) Under I.C. 31-37-19-27 or 31-6-4-15.7 (before its repeal);
(2) By virtue of having married; or
(3) In accordance with the laws of another state or jurisdiction.
(D) Defenses. It is a defense to a violation under this section that the child engaged in the prohibited conduct while:
(1) Accompanied by the minor’s parent, guardian or custodian;
(2) Accompanied by an adult specified by the child’s parent, guardian or custodian;
(3) 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 Indiana Constitution, Article 1, § 31, or both, such as freedom of speech and the right to 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.
(4) Participating in an activity undertaken at the prior written direction of the child’s parent, guardian or custodian; or
(5) Engaged in interstate or international travel from a location outside the state to another location outside the state.
(E) Enforcement.
(1) 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.
(2) A child who commits a curfew violation under this section is subject to enforcement procedures provided in I.C. 36-1-6 and 34-28-5. Any complaint filed against a child for a violation of this section shall be filed in a court of general jurisdiction, and the Town Council shall direct a copy of the complaint to the child’s parent, guardian or custodian, if such person is known or can be identified by reasonable inquiry.
(F) Curfew responsibility of parent, guardian or custodian. It is and shall be unlawful for a parent, guardian or other person having custody over a child to permit a child to commit a curfew violation under this section. If a parent, guardian, custodian or child is charged with a second or subsequent violation of this section, there shall be presumption that the parent, guardian or custodian is responsible under this section for the child’s violation of this section.
(Ord. 2008-4, passed 7-10-2008) Penalty, see § 130.99