A. 1. It shall be unlawful for any minor under seventeen (17) years of age to be present at or upon any public assembly, building, place or street within the village during the following times:
Between the hours of eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M. on any day except Friday and Saturday evenings;
Between the hours of twelve o'clock (12:00) midnight on Friday and six o'clock (6:00) A.M. on Saturday;
Between the hours of twelve o'clock (12:00) midnight on Saturday and six o'clock (6:00) A.M. on Sunday.
2. It shall be a defense to a violation under this section that the minor engaged in the prohibited conduct while:
a. Accompanied by the minor's parent, legal guardian, custodian, sibling, stepbrother or stepsister at least eighteen (18) years of age;
b. Accompanied by an adult at least twenty one (21) years of age approved by the child's parent, guardian, or custodian;
c. Participating in, going to, or returning from:
(1) Employment which the laws of this state authorize a person less than seventeen (17) years of age to perform;
(2) A school recreational activity;
(3) A religious event;
(4) An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
(5) An activity involving the exercise of the child's rights protected under the first amendment to the United States constitution or article 1, sections 3, 4 and 5 of the constitution of the state of Illinois, or both;
(6) An activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one or more adults.
A citation for violation of this subsection A may be issued by a public safety officer or police officer only if he or she reasonably believes that a violation has occurred and none of the defenses enumerated herein apply.
B. It shall be unlawful for a parent, legal guardian, custodian or other person to knowingly permit a person in his custody or control to violate this section, unless one or more of the defenses enumerated herein apply. (Ord. 42-2004, 7-6-2004)
C. Every member of the police force, while on duty, is authorized to detain any such minor violating this section until the parent or legal guardian of the child shall take him into custody; but such officer shall, immediately upon taking custody of the child, communicate with the parent or legal guardian.
D. If a minor taken into custody for a violation of this section shall appear to be growing up in mendicancy or vagrancy, or is incorrigible for the lack of proper parental care, or has no home, proper proceedings shall be taken to have such child placed in the care of a state institution, as is provided by statute. (1976 Code § 42.28; amd. 1981 Code)
E. 1. Vehicle Seizure And Impoundment: A motor vehicle, operated with the knowledge of the owner of record that is used in the violation of this section or operated while in violation of subsection 3-3-18A1 of this code, shall be subject to seizure and impoundment.
a. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment, pursuant to this subsection E, the police officer shall provide for the towing of the vehicle to a facility controlled by the village or its agents. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under this subsection. Said vehicle shall be impounded, pending the completion of the hearings provided for below, unless the owner of the vehicle posts with the village a cash bond in the amount of two hundred fifty dollars ($250.00), plus fees for the towing and storage of the vehicle.
b. The owner of the vehicle seized, pursuant to this subsection, may request an immediate hearing after receiving a notice of the seizure. In cases where an immediate hearing is not requested, a hearing officer of the village shall conduct such preliminary hearing within seventy two (72) hours after said seizure. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible. If, after the hearing, the hearing officer determines that there is probable cause to believe that the vehicle, operated with the knowledge of the owner, was used in commission of a violation of this section, the hearing officer shall order the continued impoundment of the vehicle as provided in this subsection E, unless the owner of the vehicle posts with the village a cash bond in the amount of two hundred fifty dollars ($250.00), plus fees for the towing and storage of the vehicle. If the hearing officer determines that there is no such probable cause, the vehicle shall be returned without penalty or other fees.
c. Within ten (10) days after a vehicle is seized and impounded, pursuant to this subsection E, the village shall notify by certified mail, return receipt requested, the owner of record of the date, time and location of a hearing that will be conducted pursuant to this subsection. The hearing shall be conducted no later than forty five (45) days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. If, after the hearing, the hearing officer determines by a preponderance of evidence that the vehicle, operated with the knowledge of the owner, was used in commission of a violation of this section, the hearing officer shall enter an order requiring the vehicle to continue to be impounded until the owner pays a penalty of two hundred fifty dollars ($250.00), plus fees for the towing and storage of the vehicle. The penalty and fees shall be a debt due and owing the village. However, if a cash bond has been posted, the bond shall be applied to the penalty. If the hearing officer determines that the vehicle was not knowingly used in such violation, the hearing officer shall order the return of the vehicle or cash bond.
d. Any motor vehicle that is not reclaimed within forty five (45) days after the expiration of the time during which the owner of record may seek administrative review of the village's action under this subsection E, or the time at which a final judgment is rendered in favor of the village, may be disposed of as an unclaimed vehicle as provided by law. As used in this subsection E, the "owner of record" of a vehicle means the record title holder.
2. Penalty: The owner of record of such vehicle shall be liable to the village for a penalty of two hundred fifty dollars ($250.00), in addition to the fees for towing and storage of the vehicle. (Ord. 8-94, 3-1-1994, eff. 4-1-1994)
F. It shall be unlawful for any owner, operator or employee of a business to knowingly provide services or to knowingly allow a minor to remain on the premises of such business in violation of the curfew provision of this code, unless one or more of the defenses enumerated herein apply. Any person found guilty of violating this subsection may be fined up to five hundred dollars ($500.00). (Ord. 42-2004, 7-6-2004)