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Ind. city to fine teens, parents for curfew violations

By The Associated Press
06.11.08

PLYMOUTH, Ind. — City officials have passed a curfew ordinance that is tougher than state law and would fine both teenagers and their parents for repeated violations.

Violating curfew is “an act of delinquency” under Indiana law and officials could begin court proceedings against violators after a third offense, city attorney E. Nelson Chipman said.

Police Chief Jim Cox added, “I’ve already talked with probation. They’ll be glad to take that paperwork.”

Under the ordinance passed by the Plymouth City Council this week, juveniles would be fined $10 for a first violation and $25 for a second offense. Their parents would be fined $50 for a third violation.

“That $50 is going to bite. ... We won’t have many,” Cox said.

With exceptions for a child accompanied by a parent and for a teen going to work, a school activity or a religious event, the ordinance prohibits anyone under age 15 from being in a public place before 5 a.m. or after 10 p.m. any day of the week. Curfew for those age 15-17 is 11 p.m. Sunday through Thursday and midnight on Friday and Saturday. The state’s curfew law permits older teens to be out until 1 a.m. on Saturday and Sunday and allows younger children to be out until 11 p.m.

Police may detain violators in the lobby of the Plymouth Police Department until 5 a.m. or until a parent or guardian arrives.

“And if he leaves the police station, there are probably more problems than curfew,” Cox said.

Constitutional challenges have taken the state’s curfew law on and off the books repeatedly since 2000. The state later amended the law to include protections for youngsters’ First Amendment rights, and civil rights groups said they would no longer challenge the measure. Several Indiana cities have considered imposing even earlier curfews.


Related

7th Circuit throws out Indiana curfew law

Rewritten law still too restrictive, federal appeals court finds, because it views minors' protected First Amendment activities as a defense after an arrest is made, rather than as providing immunity against arrest. 01.23.04

Chicago police will enforce new curfew ordinance

Law revised to take First Amendment-protected activities into account, in response to 7th Circuit decision striking down curfew in Indiana. 03.21.04

Alaska high court upholds Anchorage curfew
Unanimous ruling finds municipality has 'compelling interest in protecting juveniles and curbing juvenile crime.' 05.17.04

Idaho appeals court throws out city's curfew law
Panel rules Wendell's ordinance, which bars minors from being out between 11 p.m. and 5 a.m., is too broad because it doesn't allow exception for free-speech activities. 04.01.09

N.Y. high court strikes down city's youth curfew
Justices say Rochester's ordinance violates children's free-expression, -association rights and gives parents too little flexibility and autonomy in supervising their kids. 06.10.09

Mass. high court rejects teen curfew's criminal penalties
Justices uphold Lowell curfew, but say that criminal prosecution of a minor, with the potential for state confinement, 'is an extraordinary and unnecessary response.' 09.29.09

Curfews, loitering & freedom of association


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