§ 38-1. Curfew for underage persons.

(a)

It is a curfew violation for a child 16 or 17 years of age to be in a public place:

(1)

Between 12:00 midnight and 5:00 a.m. on Saturday or Sunday;

(2)

After 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday; or

(3)

Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday or Friday.

(b)

It is a curfew violation for a child under 16 years of age to be in a public place after 10:00 p.m. or before 5:00 a.m. on any day.

(c)

It is a defense to a violation under this section that the child was:

(1)

At the time engaged in the prohibited conduct, emancipated:

a.

Under IC 31-37-19-27;

b.

By virtue of having married; or

c.

In accordance with the laws of another state or jurisdiction.

(2)

Engaged in the prohibited conduct while:

a.

Accompanied by his parent, guardian or custodian;

b.

Accompanied by an adult specified by the child's parent, guardian or custodian;

c.

Participating in, going to or returning from:

1.

Lawful employment;

2.

A school sanctioned activity;

3.

A religious event;

4.

An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;

5.

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 of assembly; or

6.

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; or

d.

Engaged in interstate or international travel from a location outside the state to another location outside the state.

(d)

The parent, guardian or custodian of any child who commits a curfew violation, as defined in this section, violates this section and shall be subject to the following civil penalties:

(1)

First offense, $50.00;

(2)

Second offense within a one-year period, $100.00, plus court costs; or

(3)

Third offense and every subsequent offense within a one-year period, $200.00, plus court costs.

(e)

Civil penalties for offense violations of this section are payable through the ordinance violations bureau in the clerk-treasurer's office.

(Ord. No. 2002-41, §§ 1—5, 12-2-2002)

State law reference

Curfew for underage persons, IC 31-37-3-1 et seq.