To enforce stricter curfew, Indianapolis council needs to pass ‘special ordinance’

INDIANAPOLIS (WISH) — Indianapolis City-County Council on Monday night hailed an ordinance creating a stricter curfew for ages 15-16, calling it a significant change after a mass shooting in the early morning after the downtown Fourth of July celebrations killed a 15-year-old and 16-year-old.

However, as News 8 learned Wednesday, unless the City-County Council passes yet another ordinance to declare a public safety need, that stricter curfew — called public safety curfew hours — will never take effect. A City-County Council spokesperson called the additional ordinance “a special ordinance” in response to questions from News 8.

The ordinance passed Monday — more than five weeks after the mass shooting at the downtown Artsgarden — calls for Indiana’s curfew times to be two hours earlier in Indianapolis only when needed for public safety.

It’s unknown how long it might take for the City-County Council to pass “a special ordinance” when needed for public safety.

News 8 on Tuesday reached out to Fernanda Ramirez-Strickland, the public information officer for the City-County Council, with questions about the new ordinance. Ramirez-Strickland replied Wednesday with answers to News 8’s questions.

How is the public at large and the media going to be notified when it’s public safety curfew hours instead of standard curfew hours? How far in advance will that notification happen?

Ramirez-Strickland: “A special ordinance will be placed on the council’s agenda asking the council to adopt an ordinance initiating the public safety hours provision of the code.  It will be incumbent upon those wishing to initiate the new hours to ensure that the public is properly notified.” 

When that notification is made, will we know how long it lasts? If not, how does the public at large and the media learn that the public safety curfew hours have returned to standard curfew hours?

Ramirez-Strickland: “The (special) ordinance presented will detail the special conditions that exist and the timeline that they anticipate needing the special hours.”

Q: Who makes the call as to whether Indianapolis is under standard curfew hours vs. public safety curfew hours?

Ramirez-Strickland: “The (special) ordinance presented will detail the special conditions that exist and the timeline that they anticipate needing the special hours.”

Can you give examples of when public safety curfew hours would be in effect? 

Ramirez-Strickland: “Public Safety Curfew Hours are implemented when the City determines that the standard curfew hours are ‘later than is reasonable for public safety’ under current conditions. Here are the examples the city presented to the council.

“Examples from the ordinance’s findings include:

“A recent mass shooting in downtown Indianapolis.

“Incidents of evening gun violence involving minors,

“Other potential situations could include large-scale disturbances, credible threats to public safety, or other violent events posing an immediate and ongoing risk.”

“For further examples, please consult with IMPD and the city administration.”

News 8 asked IMPD the same questions via an email on Tuesday, and a spokesperson for the police department referred the questions to the City-County Council.

Leroy Robinson, chair of the Public Safety and Criminal Justice Committee, said Monday that the new ordinance was designed to keep neighborhoods secure and young people safe. “The earlier curfew hours, combined with stronger accountability for parents, give us another tool to prevent dangerous situations before they happen.”

City-County Council President Vop Osili on Monday addressed why it took time for the government leaders to act after the July 5 mass shooting near the downtown Artsgarden. “The reason it has is because its been a thoughtful process. We’re talking about something that happened July 5. Right? We don’t want to rush into something that deals with public safety or deal with our children, and what we do needs to be thoughtful and bringing in as many factors as we possibly can.”

Indianapolis curfew law

Indianapolis standard curfew hours, same at Indiana curfew

• Ages 15-17: May not be in a public place between 1 a.m. and 5 a.m. on Saturdays or Sundays, or after 11 p.m. Sunday-Thursday or before 5 a.m. Monday-Friday.
• Younger than 15: May not be in a public place after 11 p.m. or before 5 a.m. on any day. 

Indianapolis public safety curfew hours

• Age 17: May not be in a public place between 1 a.m. and 5 a.m. on Saturdays or Sundays, or after 11 p.m. Sunday-Thursday or before 5 a.m. Monday-Friday.
• Ages 15-16: Must be off public streets by 11 p.m. on Fridays and Saturdays, and by 9 p.m. Sundays through Thursdays; curfew ends at 5 a.m. on any day.
• Younger than 15: Must be off public streets by 9 p.m. every day; curfew ends at 5 a.m.

Indiana curfew law

Indianapolis’ public safety curfew will encompass more hours than the state’s curfew hours. Indianapolis’ standard curfew is the same as state law.

Below are Indiana’s curfew laws:

• Ages 15-17: May not be in a public place between 1 a.m. and 5 a.m. on Saturdays or Sundays, or after 11 p.m. Sunday-Thursday or before 5 a.m. Monday-Friday.
• Younger than 15: May not be in a public place after 11 p.m. or before 5 a.m. on any day. 

Indiana’s curfew does not apply if juveniles are accompanied by parents, guardians, or adults authorized by parents or guardians; or if the juveniles are participating in, going to, or returning from: lawful employment; school-sanctioned activities; religious events; emergencies involving the protection of a person or property; activities involving the exercise of freedom of speech or assembly; activities conducted by a nonprofit or governmental entity under adult supervision; activities with the prior written consent of a parent, guardian, or custodian; and interstate or international travel. 

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