Police Beat Q & A

This week’s question was inquiring if the Town of Churubusco had a curfew.

The Town does have a curfew and it is the same as the state law. Below is the law as it reads, and there are some exceptions that would allow the kids to be out after curfew. For those children/teens who get caught out after curfew and do not meet the requirements to be out late, the penalties range from calling the parents and having them pick their child, or as severe as the children/teens being cited into probation.

The best advise is the one I used to hear as a kid and that is, “There is nothing good that you are doing after curfew that you could not have done before curfew.” 

Thanks for the question.

Chad E. Fulkerson, Marshal

Churubusco Police Dept.  

31-37-3-2. Curfew for children 15, 16, or 17 years of age.

     (a)  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 a.m. and 5 a.m. on Saturday or Sunday;
     (2)  after 11 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday;
or
     (3)  before 5 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
     (b)  A law enforcement officer may not detain a child or take a child into
custody based on a violation of this section unless the law enforcement
officer, after making a reasonable determination and considering the facts and
surrounding circumstances, reasonably believes that:
     (1)  the child has violated this section; and
     (2)  there is no legal defense to the violation.

31-37-3-3. Curfew for children less than 15 years of age.

     (a)  It is a curfew violation for a child less than fifteen (15) years of age
to be in a public place after 11 p.m. or before 5 a.m. on any day.
     (b)  A law enforcement officer may not detain a child or take a child into
custody based on a violation of this section unless the law enforcement
officer, after making a reasonable determination and considering the facts and
surrounding circumstances, reasonably believes that:
     (1)  the child has violated this section; and
     (2)  there is no legal defense to the violation.

31-37-3-3.5. Defenses.

(a)  It is a defense to a violation under this chapter that the child was
emancipated:
     (1)  under IC 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.
(b)  It is a defense to a violation under this chapter that the child engaged
in the prohibited conduct while:
     (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.

Add a comment or send a question to Police Beat on the form at the bottom of this page regarding Churubusco ordinances, laws and regulations.

This week the topic is yard or garage sales.  The town has set an ordinance that limits the amount of yard sales that a residence can have. The ordinance states that a resident may have two sales in a calendar year and they may not last longer than three days. This ordinance is one that is not often abused but is closely watched by Town employees and residents. Below is the ordinance as it was written.

Chad Fulkerson, Churubusco Town Marshal 

TOWN OF CHURUBUSCO — Ordinance No. 91-11

A ORDINANCE DEFINING AND LIMITING YARD SALES IN THE TOWN OF CHURUBUSCO

WHEREAS, the Town Council of the Town of Churubusco has determined the necessity of establishing guidelines defining and limiting yard sales in the Town of Churubusco;

NOW, THEREFORE, be it resolved by the Town Council of the Town of Churubusco, Indiana, that yard sales shall be defined and governed as follows:

Yard Sales shall include garage sales, patio sales, home sales, driveway sales and the like, and shall mean the sale of personal property from a residentially occupied site, provided that such yard sales shall not extend beyond three (3) consecutive days, and further that they may be conducted up to a maximum of twice in a calendar year.

THIS ORDINANCE SHALL BE EFFECTIVE UPON ITS PASSAGE BY THE CHURUBUSCO TOWN COUNCIL IN ACCORDANCE WITH LAW.

Passed and adopted by the Town Council of the Town of Churubusco, Indiana, on the 21st day of August, 1991.

James Horne, President               

Richard D. Conrow           

Lisa L. Waterman 

ATTEST:            

Dale LeFever, Clerk-Treasurer 

Send your questions concerning town ordinances and rules to Churubusco Town Marshal Chad Fulkerson at editor@buscovoice.com.   

This week’s Q/A for the Churubusco Police Department:

This week I want to address loud music and other offensive noises because this is a question that is often asked.  Many things can be an offensive noise, but as the ordinance reads, there is nothing specific listed other than vehicles that are considered noise makers.

 It is generally up to the to the person callling in the complaint and the officer whether or not it is determined to be loud and offensive.

Just remember, a good practice to follow if you are going to have a large gathering at your residence, you should advise your neighbors so they are aware you could possibly disturb them with the noise level. It will be determined by the officer if the noise needs to be turned down or other offensive noice stopped.

 -Chad Fulkerson, Marshal, Churubusco Police Dept.

  93.05   NUISANCE CREATED BY OTHERS

For the purposes of this chapter, it shall not be essential that the nuisance be created or contributed to by the owner, occupant, or person having control or management of the premises, but merely that the nuisance be created or contributed to by licensees, invitees, guests, or other persons for whose conduct the owner or operator is responsible, or by persons for whose conduct the owner or operator is not responsible, but by the exercise of reasonable care ought to have become aware of

 93.99   PENALTY

(A)   Whoever violates any provision of this chapter for which no penalty is otherwise provided, shall be fined not more than $100 for each offense. A separate offense shall be deemed committed on each day that a violation occurs or continues.

(B)   Any person, persons, or corporation violating the provisions of § 93.07 shall upon conviction be fined in any sum not less than $1 or more than $25 (Ord. 291, passed 4-1-64)

(C)   Whoever violates the provisions of § 93.09 shall be fined not more than $50. (Ord. 347, passed 11-5-69)

This week’s question involves the burning of trash.

The burning of trash - legal and illegal -  has been brought up several times at Town Council meetings and also mentioned in complaints called in to the Churubusco Police Dept.

As the ordinance reads, residents can burn natural products in a residential area, but not in a business area.

It has always been the practice of the Churubusco Police Dept. to allow burning in town as long as it is being watched and we do not receive any complaints from the neighbors. If we receive complaints, we then ask the the people to put the fire out. If it is unattended we will call the Smith Twp. Fire Dept. to come out and  extinguish the fire.

The best advise for burning in town is to keep the fire small and use common sense, especially when it comes to the smoke blowing towards a neighbor’s house. Below is the Town Ordinance in full.

Thanks,

Chad Fulkerson

Marshal, Churubusco Police Dept.

91.06 BURNING TRASH IN BUSINESS AND INDUSTRIAL AREAS.
(A) It shall be unlawful for any person, firm, or corporation to cause any
paper, trash, or other debris to be burned in the business or industrial areas
of the town, except where an approved, attended incinerator is used.

(B) The incinerator to be used shall be approved in writing by the Fire
Chief, and shall be attended at all times when in use.
(Ord. 366, passed 5-17-72) Penalty, see § 91.99

§ 91.99 PENALTY.

(A) Whoever violates any provision of this chapter for which no penalty is
otherwise provided shall be fined not more than $100 for each offense. A
separate offense shall be deemed committed on each day that a violation occurs
or continues.

(B) Any person, firm, or corporation who shall violate or fail to comply
with the provisions of § 91.06 shall be punished by a fine not to exceed
$50. (Ord. 366, passed 5-17-72)

(Send your questions for the Churubusco Police Department to editor@buscovoice.com. Questions will be answered in a future column in the order in which they are received.)

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