AN ORDINANCE ESTABLISHING A CURFEW FOR MINORS
August 24, 2012 at 5:41 PM
ORDINANCE NO. 5-2008

AN ORDINANCE ESTABLISHING A CURFEW FOR MINORS

WHEREAS, the City of Gas City has a compelling interest in reducing juvenile crime and vandalism and in promoting the well-being and safety of juveniles; and,

WHEREAS, the Gas City Police Department has received a substantial increase in the number of reports of juveniles roaming and appearing on streets, alleys, and other public places in the City of Gas City during the late night-time and early morning hours without apparent purpose and without parental or adult supervision or consent; and,

WHEREAS, during the years 2007 and 2008, the Gas City Police Department has received a significant increase in the number of reports of crimes, misdemeanors, vandalism, and mischief during the late night and early morning hours; and,

WHEREAS, the Common Council of the City of Gas City is desirous of enacting an ordinance pursuant to Indiana Code 31-37-3-4 prohibiting juveniles from public places during night-time and early morning hours except under certain circumstances, and to adopt such ordinance only in compliance with the United States Constitution and the Constitution of the State of Indiana.

NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF GAS CITY, INDIANA, THAT:

Except as hereinafter provided in paragraph E:

A. It is a violation of this ordinance for a child under fifteen (15) years of age to be present at or upon any public assembly, building, place, street or highway, or alley or other public place within the City of Gas City after 11:00 p.m. and before 5:00 a.m. on any day (“prohibited conduct”);

B. It is a violation of this ordinance for a child fifteen (15) years of age and under eighteen (18) years of age to be present at or upon any public assembly, building, place, street, highway or other public place within the City of Gas City (1) between the hours of 1:00 a.m. and 5:00 a.m. on Saturday or Sunday; or, (2) after 11:00 p.m. Sunday, Monday, Tuesday, Wednesday or Thursday and before 5:00 a.m. Monday, Tuesday, Wednesday, Thursday or Friday (“prohibited conduct”);

C. It is a violation of this ordinance for a parent, guardian, or custodian to knowingly permit a person in his or her custody to violate Section A or B of this ordinance (except where one or more of the exceptions (defenses) listed in Section E applies).

D. A law enforcement officer may not detain a child or take a child into custody based on a violation of this ordinance unless the law enforcement officer, after making a reasonable determination and upon consideration of the facts and surrounding circumstances, reasonably believes that: (1) The juvenile has violated Section A or B of this ordinance; and (2) there is no legal defense to the violation as provided in Section E.

E. It is a defense to a violation of the ordinance if at the time the juvenile has engaged in the prohibited conduct:

1. The child is emancipated:

(a) under I.C. 31-36-19-27 or I.C. 31-6-4-15.7 (before its repeal);

(b) by virtue of having married; or,

(c) in accordance with the laws of another state or jurisdiction.

2. The child is engaged in the prohibited conduct while:

(a) accompanied by the child’s parent, guardian or custodian;

(b) accompanied by an adult specified by the child’s parent, guardian or custodian;

(c) participating, going to or returning from:

(i) lawful employment; or,

(ii) school sanctioned activity; or,

(iii) a religious event; or,

(iv) an emergency involving the protection of a person or property from eminent threat of serious bodily injury or substantial damage; or,

an activity involving exercise of a child’s rights protected under the First Amendment of the United States Constitution or Article 1, Section 31 of the Constitution of the State of Indiana, or both, such as freedom of speech and the right of assembly; or,

an activity conducted by a non-profit or governmental entity that provides education, training or other care under the supervision of one or more adults.

(v) participation in an activity or undertaking with the prior written direction of the child’s parent, guardian or custodian; or,

(vi) engaged in interstate or international travel from a location outside Indiana to another location outside Indiana.

F. Penalties:

1. A person who commits a violation of this ordinance is subject to enforcement provisions provided in I.C. 36-1-6 and I.C. 34-28-5. A complaint against a person alleging a violation of this ordinance shall be filed in the Gas City Court; and in the case of a complaint against a juvenile, a copy of the complaint shall be directed to the juvenile’s parents, guardian or custodian, provided such parent, guardian or custodian is known or can be identified by reasonable inquiry.

2. A violation of this ordinance shall be punishable by a fine of not less than $10 nor more than $50 for a first offense; not less than $50 nor more than $75 for a second offense; and not less than $75 nor more than $100 for a third and subsequent offense; and, the court may, in addition to such fine, order such injunctive relief as appropriate and as within the court’s jurisdiction to discourage further violation of this ordinance;

3. A parent, guardian or custodian of such juvenile found in violation of this ordinance who is found to have knowingly permitted the juvenile to be in violation hereof shall be subject to a fine of not more than $25.00 for the first offense. If any such child over whom a parent, guardian or custodian of such juvenile is held to be in violation of this ordinance within a 12 month period, then such parent, guardian or custodian shall be fined not more than $50.00; and, if a juvenile is found to be in violation of this ordinance a third or subsequent time during a 12 month period, then the parent, guardian or custodian shall be fined not less than $50.00 nor more than $200.00 for the third or each such subsequent violation.

4. In addition to the above penalties, court costs in an amount as now exists or may hereafter be determined by ordinance or statute.

G. In the event any provision of this Ordinance shall be deemed invalid or unenforceable, the remainder of the Ordinance shall continue in full force and effect until repealed or modified by the Common Council of the City of Gas City or otherwise determined by a court of competent jurisdiction.

H. This Ordinance shall become effective upon passage by the Common Council of the City of Gas City, approved by the Mayor, and attested by the Clerk-Treasure, and publication as required by Indiana code 5-3-1-2.

PASSED by the Common Council of the City of Gas City, Indiana, this 5th day of August, 2008.

Michael Planck

Larry Terwillegar

James Richards

David Huffman

Don Clark

Presented by me to the Mayor of the City of Gas City, Indiana, this 5th day of August, 2008.

Julie Flores, Clerk-Treasurer

APPROVED by me, the Mayor of the City of Gas City, Indiana, this 5th day of August, 2008.

H. Larry Leach, Mayor