§ 9-1. Curfew hours for under eighteen years of age.

(a)

[ Generally. ] It is unlawful for a child under eighteen (18) years of age to be in a public place in the city at any time during the following 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.

(b)

Application. This section does 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 parents, guardian, or custodian;

or,

(3)

Lawful employment;

(4)

A school sanctioned activity; or

(5)

The child has with him or her written consent of the child's parents, guardian, or custodian, stating that the child is, with the consent of the parent, guardian, or custodian, participating in, going to, or returning from an expressive, religious, or associational activity protected by the Constitution of the United States of America, the Indiana Constitution, Federal Law or State Law; including but not limited to the free exchange of religion, freedom of speech, or the right of assembly.

(c)

Enforcement.

(1)

A child who commits a curfew violation under this section is subject to the enforcement procedures provided in IC 34-28-5-1. Whenever a complaint filed against a child for a violation of this chapter, the city shall direct a copy of the complaint to the Noble County Juvenile Probation Department, and to the child's parent, guardian, or custodian, if such person is known or can be identified by a reasonable inquiry.

(2)

Fines may be enforced pursuant to paragraph (f) of this section.

(3)

In addition to the imposition of fines as provided in paragraph (d) of this section, the city may seek such injunctive relief as is appropriate and necessary to prevent a child from committing further violations of this chapter.

(d)

Curfew; responsibility of parent, guardian, or custodian. The parent, guardian or custodian of a child under eighteen (18) years commits a violation of this section anytime the child for which they are a parent, guardian, or custodian are found to be in violation of this section.

(e)

[ Severability. ] Should any provision (section, paragraph, sentence, clause, or any other portion) of this section be declared by a court of competent jurisdiction to be invalid for any reason, the remaining provision or provisions shall not be affected, if and only if such remaining provisions can, without the invalid provision or provision, be given the effect intended by the council in adopting this section. To this end the provisions of this section are severable.

(f)

[ Penalty for violation. ] Upon first violation of this section the violation shall be subject to a fifty dollar ($50.00) fine plus court costs. Upon a second violation of this section the violator shall be subject to a two hundred fifty dollar ($250.00) fine plus court costs. Upon a third violation of this section the violator shall be subject to a five hundred dollar ($500.00) fine plus court costs.

(Code 1975, § 18-9; Ord. No. 966, §§ 1—7, 10-17-00)

Editor's note

Ord. No. 966, § 1, adopted Oct. 17, 2000, repealed § 9-1. Sections 2—7 of said ordinance have been included herein as a new § 9-1 at the discretion of the editor. See the Code Comparative Table.

State law reference

Curfew for minors, IC 31-6-4-2.