The Independent-News, Volume 122, Number 5, Walkerton, St. Joseph County, 13 June 1996 — Page 5

LEGAL NOTICES

ORDINANCE NO. 1996-06 AN ORDINANCE TO AMEND TITLE 3 OF THE NORTH LIBERTY TOWN CODE BY ADDING A NEW ARTICLE 6 ESTABLISHING CURFEWS, DEFINING VIOLATIONS OF SAME, AND PROVIDING PENALTIES FOR A CHILD(REN) AND/OR PARENTS FOR VIOLATIONS THEREOF WHEREAS, the Town Council of the Town of North Liberty and residents have noticed an increase in the number of minors congregating at certain locations at night; and WHEREAS, I.C. 31-6-4-2 establishes certain hours of curfew for 15, 16 and 17 year olds, and other hours of curfew for children under the age of 15 years; and WHEREAS, the Town Council finds that it would be in the best interests of the public health, safety and welfare of the Town and its residents to establish times for curfew violation which are one (1) hour earlier than the State minimums and which impose a progression of fines for subsequent offenses and which, on the second offense of a child, provides for the imposition of a fine against the parent(s) of a child found to be in violation of the curfew. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of North Liberty, Indiana, that Title 3 of the- North Liberty Town Code be amended by adding a new Article Six (6) reading as follows:

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ARTICLE 6-CURFEWS Chapter 1: Hours-Penalties SECTION 1. Unless otherwise expressly stated herein, whenever used in this Article, the following terms shall respectively mean and include each of the meanings set forth: (a) “Adult” defined. “Adult” means a person other than a child. (b) “Child” defined. “Child” means a person under eighteen (18) years of age. (c) “Custodian” defined. “Custodian” means a person with whom a child resides. (d) “Guardian” defined. “Guardian” means a person appointed by a court to have the care and custody of a child or his estate, or both. (e) “Parent” defined. “Parent” means a biological or adoptive parent. Unless otherwise specified, it includes both parents, regardless of their marital status. SECTION 2. It shall be a curfew violation for a child fifteen (15), sixteen (16) or seventeen (17) years of age to be in a public place: (a) Between 12:00 midnight on Friday and 5:00 a.m. on Saturday and 12:00 midnight on Saturday and 5:00 a.m. on 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. SECTION 3. It shall be a curfew violation for a child under fifteen (15) years of age to be in a public place after 10:00 p.m. or before 5:00 a.m. on any day of the week.

SECTION 4. This section shall not apply to a child who is: (a) Accompanied by his or her parent, guardian or custodian; (b) Accompanied by an adult designated by his or her parent, guardian or custodian; or (c) Participating in, going to or returning from: (1) lawful employment; (2) a school sanctioned activity; or (3) a religious event. SECTION 5. The North Liberty Police Department is charged with the responsibility of enforcing this ordinance. A child found in violation of this ordinance shall immediately be taken into the temporary custody of the North Liberty Police Department which shall then notify the child’s parent, guardian or custodian or an adult designated by the child’s parent, guardian or custodian. SECTION 6. The first time a child is found in violation of this ordinance, the child shall be assessed a fine of twenty-five dollars ($25.00). The second time a child is found in violation of this ordiance, the parent, guardian or custodian shall be assessed a fine of fifty dollars ($50.00). The third time a child is found in violation of this ordinance, the parent, guardian or custodian shall be assessed a fine of one hundred dollars ($100.00). In addition on the third violations, the North Liberty Police Department is directed to refer the child and the case to the appropriate juvenile authorities of St. Joseph County, Indiana. SECTION 7,

JUNE 13, 1996 — INDEPENDENT NEWS

SEVERABILITY. If any Section or part of this ordinance or Code be for any reason held unconstitutional or invalid by a court of competent jurisdiction, that holding shall not affect the validity of the remaining portions of the ordinance or Code, but the remaining portions shall be and remain in full force and effect. SECTION 8. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its adoption by the Town Council, its legal publication as required by law, and its filing in the Office of the ClerkTreasurer. PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF NORTH LIBERTY, COUNTY OF ST. JOSEPH, THIS 6th

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DAY OF JUNE, 1996. Town Council Town Os North Liberty St. Joseph County Indiana Richard J. Warner President Gerry E. Brown Vice President Eric D. Morris Member Timothy M. VanOverberghe Member Sara A. Williams Member Paul F. Williams Jr. Clerk-Treasurer jl3 Shop At Home

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