A. Definitions: For purposes of this section:
CURFEW HOURS:
1. Ten o'clock (10:00) P.M. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until six o'clock (6:00) A.M. of the following day; and
2. Eleven o'clock (11:00) P.M. on any Friday or Saturday until six o'clock (6:00) A.M. the following day.
EMERGENCY: An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT: Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
GUARDIAN:
1. A person who, under court order, is the guardian of the person of a minor; or
2. A public or private agency with whom a minor has been placed by a court.
MINOR: Any person under seventeen (17) years of age.
OPERATOR: Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT: A person who is:
1. A natural parent, adoptive parent, or stepparent of another person; or
2. At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
REMAIN: To:
1. Linger or stay; or
2. Fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.
SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
B. Offenses:
1. A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the village of Bartlett during curfew hours.
2. A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the village of Bartlett during curfew hours.
3. The owner, operator, or any employee of an establishment commits an offense if said owner, operator or employee knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
C. Defenses:
1. It is a defense to prosecution under subsection B of this section that the minor was:
a. Accompanied by the minor's parent or guardian;
b. On an errand at the direction of the minor's parent or guardian, without any detour or stop;
c. In a motor vehicle involved in interstate travel;
d. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
e. Involved in an emergency;
f. On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor's presence;
g. Attending an official school, religious, or other recreational activity which is: 1) supervised by adults; and 2) sponsored by the village of Bartlett, a civic organization, or another similar entity that takes responsibility for the minor;
h. Going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity which is: 1) supervised by adults, and 2) sponsored by the village of Bartlett, a civic organization, or another similar entity that takes responsibility for the minor;
i. Exercising first amendment rights protected by the United States constitution and/or rights protected by article 1, section 3, 4, and/or 5 of the Illinois constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
j. Married or had been married or is an emancipated minor under the emancipation of minors act 1 , as amended.
2. It is a defense to prosecution under subsection B3 of this section that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
D. Enforcement: Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place and shall investigate the validity of any defense under subsection C of this section claimed or alleged by the apparent offender. The police officer shall not issue a citation or make an arrest under this section unless the police officer reasonably believes that based on any response and any required investigation by the police officer, and other relevant circumstances:
1. A violation of subsection B of this section has occurred, and
2. No defense under subsection C of this section is present.
E. Penalties: A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed one thousand dollars ($1,000.00). (Ord. 2004-84, 6-15-2004)
Notes
| 1 | 1. 750 ILCS 30/1 et seq. |