(A) Curfew hours for children 15, 16 and 17 years of age. It is unlawful for a child 15, 16, or 17 years of age to be in a public place in the city at any time during the following curfew hours:
11:00 p.m. on Sunday to 5:00 a.m. the following Monday.
11:00 p.m. on Monday to 5:00 a.m. the following Tuesday.
11:00 p.m. on Tuesday to 5:00 a.m. the following Wednesday.
11:00 p.m. on Wednesday to 5:00 a.m. the following Thursday.
11:00 p.m. on Thursday to 5:00 a.m. the following Friday.
1:00 a.m. on Saturday to 5:00 a.m. on Saturday.
1:00 a.m. on Sunday to 5:00 a.m. on Sunday.
(B) Curfew hours for children younger than 15 years of age. It is unlawful for a child younger than 15 years of age to be in a public place in the city after 11:00 p.m. or before 5:00 a.m. on any day.
(C) Not applicable to children in the company of adults. Divisions (A) and (B) of this section do not apply to a child who is:
(1) Accompanied by the child's parent, guardian, or custodian;
(2) Accompanied by an adult specified by the child's parent, guardian, or custodian; or,
(3) With the consent of the child's parent, guardian, or custodian, either participating in, going to, or returning from:
(a) Lawful employment;
(b) A school sanctioned activity; or,
(c) An expressive, religious, or associational activity protected by either federal or state law, including but not limited to the free exercise of religion, freedom of speech, and the right of assembly; or
(d) An emergency errand.
(D) Special events exception. In the event that any school, church, civic or municipal organization, desires to sponsor entertainment or other activity for minors, which entertainment or activity requires minors to be out later than the hour called for in division (A) or (B) above, then the persons sponsoring the entertainment or activity shall notify the Chief of Police or his designee of the place of the event or activity and the time that it will end, in writing. Minors who attend such functions shall be required to be in compliance with division (A) or (B) above no later than 30 minutes from the time that the sponsor indicated that the function would end.
(E) Responsibility of parent, guardian, or custodian. It is un- lawful for a parent, guardian or custodian of a child under the age of 18 years knowingly to allow that child to commit a curfew violation under this section.
(F) Enforcement. A person who commits a curfew violation under this section is subject to the enforcement procedures provided in IC 34-28-5-1. Whenever a complaint is filed against a child for a violation of this section, the city, by and through its police department, shall direct a copy of the complaint to the Juvenile Division of the Randolph Circuit Court, and to the child's parent, guardian, or custodian, if such person is known or can be identified by a reasonable inquiry.
(G Penalties. A person violating division (E) above shall be punished by a fine of not more than $500.
(Ord. 00-18, passed 10-23-00; Am. Ord. 2001-15, passed 11-26-01) Penalty, see § 130.99