Parents are responsible for the custody, care and well being of their children at all times. The city curfew ordinance is designed to help parents define realistic times for their children to be in public, with age appropriate times and penalties. A breakdown from city code is provided below.
If cited for a curfew violation, teens can expect to be detained by police, held in police custody at SBPD station where parents will be responsible for picking up their child. Fines WILL be issued, and parents will have five business days to pay the listed fines, or incur additional civil penaltiees.
It is a curfew violation for a child fifteen (15), sixteen (16), or seventeen (17) years of age to be in a public place:
(a) Between 1:00 a.m. and 5:00 a.m. on Saturday or Sunday;
(b) After 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday, or;
(c) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
(Ord. No. 8135-90, § 1)
It is a curfew violation for a child under fifteen (15) years of age to be in a public place after 11:00 p.m. or before 5:00 a.m. on any day.
(Ord. No. 8135-90, § 1)
This article shall not apply to a child who is:
(a) Accompanied by the child's parent, guardian or custodian;
(b) Accompanied by an adult specified by the child's parent, guardian or custodian; or
(c) Participating in an activity undertaken at the written direction of and signed by the child's parent, guardian or custodian which directive the child has in his or her possession; or
(d) Participating in, going to, or returning home from:
(1) Lawful employment;
(2) School sanctioned activity;
(3) A religious event; or
(4) An activity sponsored by a civic or public organization that provides recreation, education or other care under the supervision of at least one (1) adult, or any activity which directly involves the child's rights of free speech, or assembly, or any other right protected by the First Amendment to the United States Constitution, or by Article I. Section 31 of the Indiana Constitution; or
(e) Engaged in lawful interstate or international travel from a location outside Indiana to another location outside Indiana.
(Ord. No. 8135-90, § 1; Ord. No. 9125-00, § I; Ord. No. 9596-05, § I, 6-13-05)
The custodial parent or legal guardian of any child who commits a curfew violation, as defined herein, violates this article and shall be subject to the following fines:
(a) Twenty-five dollars ($25.00) for a first offense;
(b) One hundred dollars ($100.00) for a second offense within a one-year period, plus court costs; or
(c) Two hundred dollars ($200.00) for a third offense and every subsequent offense within a one-year period, plus court costs.
(Ord. No. 8135-90, § 1)