(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BODILY INJURY. Injury that harms or creates a substantial risk of harm to one’s person or that causes death, disfigurement, loss or impairment of the function of any bodily member or organ.
CURFEW HOURS.
(a) Between 11:30 p.m. and 6:00 a.m. on Saturday;
(b) Between 11:30 p.m. and 6:00 a.m. on Sunday;
(c) Between 10:30 p.m. Sunday, Monday, Tuesday, Wednesday and Thursday, inclusive, and 6:00 a.m. the following day.
CUSTODIAN. A person who has attained the age of 18 years and who is authorized by a parent or guardian to have the care and custody of a minor.
EMERGENCY. Any unforeseen circumstance or combination of circumstances or the resulting state that calls for such immediate action as is necessary to protect a person from imminent threat of bodily injury, loss of life or to protect property from substantial damage. The term includes, but is not limited to, a fire, natural disaster, automobile accident, medical emergency, or any situation requiring immediate action to prevent bodily injury, loss of life or loss of property.
ESTABLISHMENT. Any privately-owned place of business operated for profit to which the public is invited, including but not limited to any restaurant, retail establishment, eatery, place of amusement or entertainment.
GUARDIAN.
(a) A person who, by court order, is designated guardian of the person of a minor; or
(b) A public or private agency with whom a minor has been placed by a court of competent jurisdiction.
MINOR. Any person under 17 years of age.
OPERATOR. Any individual, firm, association, partnership, or corporation operating, managing, or conducting an establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT. A person who is a natural parent, adoptive parent, or step-parent of a minor.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access, including but not limited to streets, highways, public ways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, parks, places of entertainment or amusement, arenas, stadiums, and restaurants.
REMAIN.
(a) To linger or stay; or
(b) Fail to leave the premises of an establishment when requested to do so by a police officer or the owner, operator, or other person in control of the establishment.
(B) Offenses. It shall be unlawful for:
(1) A minor to remain in any public place or on the premises of any establishment within the village during curfew hours;
(2) A parent, guardian or custodian to knowingly permit, or by insufficient control, allow the minor to remain in any public place or on the premises of any establishment within the village during curfew hours; or
(3) The owner, operator, or any employee of an establishment to knowingly allow a minor to remain upon the premises of the establishment during curfew hours.
(C) Defenses.
(1) It shall be a defense to prosecution under division (B) above that the minor was:
(a) Accompanied by the minor’s parent, guardian or custodian;
(b) On or returning from an errand at the discretion of the minor’s parent, guardian or custodian without any unnecessary detour or stop;
(c) In a motor vehicle involved in interstate travel;
(d) Engaged in an employment activity in which such minor may lawfully engage under the laws of the State of Illinois, or traveling to or returning home from the employment activity, without any unnecessary detour or stop;
(e) Involved in an emergency;
(f) On the sidewalk abutting the minor’s residence, that of a guardian or custodian, or abutting the residence of a next-door neighbor if the neighbor does not object to the minor’s presence;
(g) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the Village of Bellwood, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the Village of Bellwood, a civic organization, or another similar entity that takes responsibility for the minor;
(h) Exercising First Amendment rights protected by the United States Constitution or Article 1, Sections 3, 4 and 5 of the Constitution of the State of Illinois, or both, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(i) Married or previously married or has been declared an emancipated minor in accordance with the Illinois Revised Statutes.
(2) It is a defense to prosecution under division (B)(3) 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 the minor refused when first requested to leave the premises.
(D) Enforcement. Prior to taking any enforcement action under this section, a police officer shall inquire as to the apparent offender’s age and reason for being in the public place. No citation shall be issued and no arrest shall be made under division (B) unless the officer reasonably believes that an offense has occurred and that, based on any response of the minor and all other circumstances known to the officer at the time, no defense as set forth in division (C) exists.
(E) Any police officer who finds a minor child in violation of division (B)(1) shall take such minor into custody until such time as the minor’s parent, legal guardian, or other [text missing].
(`95 Code, § 132.10) (Am. Ord. 01-17, passed 7-25-01; Am. Ord. 8-77, passed 8-20-08) Penalty, see § 130.99