HomeMy Public PortalAbout052-2007 - General Ordinance - Amends Section 130.09 (Curfews)ORDINANCE NO. 52-2007
A GENERAL ORDINANCE AMENDING CURFEWS IN SECTION 130:09 OF
THE CITY OF RICHMOND CODE
WHEREAS, Section 130:09 of the City of Richmond Code is entitled Curfews; and
WHEREAS, Indiana Legislature has established curfew laws through I.C. 31-37-3; and
WHEREAS, the young people of our city are a precious resource; and
WHEREAS, the City of Richmond desires to extend every effort to protect our young
people from harm; and
WHEREAS, the Common Council of the City of Richmond finds that the curfew times
established in I.C. 31-37-3 are reasonable for public safety.
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond
that:
Section 1: That Section 130. 09 shall be amended as follows:
130.09 CURFEW
(a) Children 15, 16, and 17 years of age (I.C. 31-37-3-2).
It is a curfew violation for a child fifteen (15), sixteen (16), or seventeen (17)
years of age to be in a public place:
(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) Children under 15 years of age (I.C. 31-37-3-3).
It is a curfew violation for a child less than 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.
(c) Exceptions.
This article shall 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 parent, guardian,
or custodian;
(3) participating in, going to, or returning from:
(A) lawful employment
(B) a school sanctioned activity;
(C) a religious event;
(D) an emergency involving the protection of a person or
property from an imminent threat of serious bodily injury
or substantial damage;
(E) an activity involving the exercise of the child's rights
protected under the First Amendment to 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
(F) an activity conducted by a nonprofit or governmental
entity that provides recreation, education, training, or other
care under the supervision of one (1) or more adults;
(4) participating in an activity undertaken at the prior written direction
of the child's parent, guardian, or custodian; or
(5) engaged in interstate or international travel from a location outside
Indiana to another location outside Indiana.
(d) Defenses under I.C. 31-37-3-3.5
It is a defense to a violation under this chapter that the child was emancipated:
(1) under I.C. 31-37-19-27 or IC 31-6-4-15.7 (before its repeal);
(2) by virtue of having married; or
(3) in accordance with the laws of another state or jurisdiction;
at the time that the child engaged in the prohibited conduct.
(e) Penalties.
The custodial parent or legal guardian of any child who commits a curfew
ordinance violation, as defined herein, violates this article and shall be subject
to the following fines:
(1) Twenty-five dollars ($25.00) for a first offense;
(2) One hundred dollars ($100.00) for a second offense within a one-
year period; or
(3) Two Hundred dollars ($200.00) for a third offense and every
subsequent offense within a one-year period.
Section 2: Effective Date
This Ordinance shall be in full force and effect from and after its passage and adoption by
the Common Council of the City of Richmond, Indiana.
Passed and adopted this 16th day of July, 2007, by the Common Council of the City of
Richmond, Indiana.
S/S Diana Pappin President
(Diana Pappin)
ATTEST: S/S Karen Chasteen City Clerk
(Karen Chasteen)
PRESENTED to the Mayor of the City of Richmond, Indiana, this 17th day of July,
2007, at 9:00 a.m.
_S/S Karen Chasteen City Clerk
(Karen Chasteen)
APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 17th
day of July, 2007, at 9:05 a.m.
S/S Sarah L. Hutton Mayor
(Sarah L. Hutton)
ATTEST: S/S Karen Chasteen City Clerk
(Karen Chasteen)