9596-05 Amend CHapter 14, Article 2, Section 14-8 - Clarify Exception to Curfew Violation

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BILL N0.30-05 (~ J ORDINANCE NO. - l ~ q ~O ~~S AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 14, ARTICLE 2, SECTION 14-8 OF THE SOUTH BEND MUNICIPAL CODE TO CLARIFY EXCEPTIONS TO CURFEW VIOLATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Municipal Code provides several exceptions to compliance with its curfew ordinance for children between the ages of fifteen through seventeen. In light of recent judicial interpretations ofcurfew restriction laws, it is necessary to amend the exception provision (Section 14-8) of the City's curfew law (Chapter 14, Article 2, Sections 14-6 through 14-11). NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCII. OF THE CITY OF SOUTH BEND, IlVDIANA that Chapter 14, Article 2, Section 14-8 be amended as follows: Section I. Chapter 14, Article 2, Section 14-8 of the South Bend Municipal Code is amended to read as follows: This article shall not apply to a child who is: (a) Accompanied by his the child's parent, guardian or custodian; (b) Accompanied by an adult specified by his the child's parent, guardian or custodian; or (c) Participating in an activity undertaken at the written direction of and si fined 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 adult, or any activity amevcnt which directly involves the child's rights of free speech, or assembly, or any other i~ ht 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