ORDINANCE
NO.
ESTABLISHING
CURFEW FOR MINORS
BE IT ORDAINED by the Town
Council of the Town of Odon, Indiana as follows:
SECTION 1: PURPOSE
The
purpose of this ordinance is to promote the general welfare and protect the
general public through the reduction of juvenile violence within the town, to
protect both real and personal property within the town from continuing juvenile
mischief; to promote the safety and well‑being of the town's youngest
citizens, persons under the age of eighteen (18), whose inexperience renders
them particularly vulnerable to becoming victimized by older perpetrators of
crime; and to promote, foster, and strengthen parental responsibility for
children.
SECTION 2: DEFINITION'S
As
used within this ordinance, the following words and phrases shall have the
meanings ascribed to them below:
Curfew
hours refer to the hours between 1:00 a.m. and 5:00 a.m. on Friday or Saturday;
and between 11:00 p.m. and 5:00 a.m. on Sunday, Monday, Tuesday, Wednesday, or
Thursday.
Emergency refers to unforeseen circumstances, or the status or condition
resulting therefrom, requiring immediate action to safeguard life, limb, or
property. The term includes, but is not limited to, fires, natural disasters,
automobile accidents, or other similar circumstances.
Establishment refers to any privately owned place of business within the town,
operated for a profit, to which the public is invited, including, but not
limited to, any place of amusement or entertainment. With respect to such
establishment, the term operator shall mean any person, and any firm,
association, partnership (and the individual members or partners thereof) and/or
any corporation (and the individual officers thereof conducting or managing that
establishment.
Minor
refers to any person less than eighteen years of age who has not been
emancipated by Court order pursuant to the laws of the State of Indiana.
Officer refers to a police or other law enforcement officer charged with the
duty of enforcing the laws of the State of Indiana and/or the ordinances of the
Town of Odon.
Person refers to an individual, not an association, corporation, or any other
legal entity.
Public
place refers to any place to which the public, or substantial group of the
public, has access, including, but not limited to, streets, highways, roads,
sidewalks, alleys, avenues, parks and/or the common areas of schools, hospitals,
apartment houses, office buildings, and shops.
SECTION 3: OFFENSES
I.
It shall be unlawful for a minor, during curfew hours, to remain in or
upon any public place within the town, to remain in any motor vehicle, operating
or parked, therein or thereon, or to remain in or upon the promises of arty
establishment within the town, unless:
1.
The minor is accompanied by a parent or guardian; or
2.
The minor is involved in an emergency; or
3.
The minor is engaged in an employment activity, or is going to, or
returning home from such activity, without detour or stop; or
4.
The minor is on the sidewalk directly abutting a place where he or she
resides with a parent or guardian; or
5.
The minor is attending any activity sponsored by a school, religious, or
civic organization, by a public organization or agency, or by another similar
organization or entity, which activity is supervised by adults, and/or the minor
is going to or returning home from such activity without detour or stop; or
6.
The minor is on an errand at the direction of a parent or guardian and
the minor has on his or her possession a writing signed by the parent or
guardian containing the following information: the name, signature, address, and
telephone number of the parent or guardian authorizing the errand, the name of
the minor, the minor's destination, and the date and time that the minor is
author to be engaged in the errand; or
7.
The minor is involved in interstate travel through, or beginning or
terminating is the Town of Odon; or
8.
The minor is exercising First Amendment rights protected by the United
States Constitution, such as the free exercise of religion, freedom of speech,
and the light of assembly.
II. It
is unlawful for a minor's parents or guardians to knowingly permit, allow, or
encourage such a minor to violate this section.
III. It shall
be unlawful a person who is the owner or operator of a motor vehicle to
knowingly permit, or encourage a minor to violate this section.
IV. It shall
be unlawful for the operator of an establishment, or any person who is an
employee thereof; to knowingly permit, allow, or encourage a minor to remain
upon the premises of the establishment during curfew hours. It shall be a
defense to prosecution of this section, that the operator or employee of an
establishment promptly notified the police department that a minor was present
at the establishment after curfew hours and refused to leave.
V. It
shall be unlawful for any person (including a minor) to give false name,
address, or telephone number to any officer investigating a possible violation
of this section.
SECTION 4: ENFORCEMENT
Before
taking any enforcement action hereunder, an officer shall make as immediate
investigation for the purpose of ascertaining whether or not the presence of a
minor in a public place, motor vehicle, and/or establishment within the town,
during curfew hours is in violation of this ordinance.
If
such investigation reveals that the presence of such minor is in violation of
this ordinance, then the officer shall issue a written citation to the minor or
offender, charging him or her with violation of this ordinance. The officer may
provide a copy of the same to the Town Attorney and the Town Attorney may
consider further civil prosecution.
Further,
as soon as practical, the officer shall advise the minor's parents or guardians
of the alleged violation. If a parent or guardian is not immediately available,
the officer shall issue a written advisement to be mailed by the Police
Department.
SECTION 5: PENALTY
The
penalty for violation of this ordinance shall be, $25.00 for the fit offense,
$50.00 for the second offense and $100.00 every offense thereafter.
SECTION 6: EFFECTIVE DATE
This ordinance shall be in
full force and effective from and after its passage, and approval by the Odon
Town Council, and proper publication.
ADOPTED BY THE TOWN COUNCIL
OF ODON, INDIANA THIS 6TH DAY OF NOVEMBER 2000.
ATTEST:
Opal McDannald, Clerk
Treasurer
Karla Beasley, Council
President