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(a) It is a curfew violation for a child fifteen (15), sixteen (16), or seventeen (17) years of age 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 fifteen (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 the 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) Violation of this section shall subject the violator to a minimum fine of twenty-five dollars ($25.00) and a maximum fine of two thousand five hundred dollars ($2,500.00).

(e) That both the minor child and the parent, guardian or other custodian of the child, shall appear in a court of competent jurisdiction to respond to any allegation of violation of the provisions of this section.

(Code 1983, 31-6-4-2, §§ 1—3; Ord. No. 1022, §§ 1—6, 9-30-96; Ord. No. 1347, § 1, 5-20-04)

State law reference—Curfew for minors, IC 31-6-4-2.