Sec. 381-101. - Curfew hours for children fifteen, sixteen and seventeen years of age.
It is unlawful for a child fifteen (15), sixteen (16), or seventeen (17) years of age to be in a public place in the county at any time during the following curfew hours:
(1) Between 1:00 a.m. 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.
Sec. 381-102. - Curfew hours for children younger than fifteen years of age.
It is unlawful for a child younger than fifteen (15) years of age to be in a public place in the county after 11:00 p.m. or before 5:00 a.m. on any day.
Sec. 381-103. - Application.
(a) Sections 381-101 and 381-102 of this chapter 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;
(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;
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 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;
f. An activity conducted by a non-profit or governmental entity that provides recreation, education, training, or other care under the supervision of one (1) or more adults; or
g. An activity undertaken at the written direction of the child's parent, guardian, or custodian;
or,
(4) Engaged in interstate or international travel from a location outside Indiana to another location outside Indiana.
(b) No complaint shall be filed unless the officer reasonably believes that an offense has occurred under this section and that no defense exists for the alleged violation.
Sec. 381-104. - Enforcement.
(a) A child who commits a curfew violation under this chapter 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 chapter, the city shall direct a copy of the complaint to the Juvenile Division of the Marion Superior Court, and to the child's parent, guardian, or custodian, if such person is known or can be identified by a reasonable inquiry.
(b) In addition to the imposition of fines as provided in section 103-3 of the Code, the court upon request shall order such injunctive relief as is appropriate and necessary to prevent a child from committing further violations of this chapter.
Sec. 381-105. - Curfew; responsibility of parent, guardian, or custodian.
It is unlawful for a parent, guardian or custodian of a child under the age of eighteen (18) years recklessly to cause, suffer, or allow that child to commit a curfew violation under this chapter. If a parent, guardian, custodian, or child is charged with a second or subsequent violation of this section or this chapter, there shall be a presumption that he or she is responsible under this section for the child's violation of this chapter.