Chapter 9.45
MINOR CURFEW

Sections:

9.45.010    Minor curfew.

9.45.010 Minor curfew.

(A) It is a curfew violation for a child 15, 16, or 17 years of age to be in a public place:

(1) Between 12:00 a.m. and 5:00 a.m. on Saturday or Sunday;

(2) After 10:30 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 less than 15 years of age to be in a public place after 10:00 p.m. or before 5:30 a.m. on any day.

(C) A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless a law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:

(1) The child has violated this section; and

(2) There is no legal defense to the violation.

(D) Defenses. Legal defenses to this chapter include those set forth in IC 31-37-3-3.5, incorporated herein by reference and made a part of this code, with two copies on file in the office of the clerk-treasurer and available for public inspection, pursuant to IC 36-1-5-4. [Ord. 1278 § 1, 2005; amended during 2012 recodification. Code 2000 § 130.03].