(A) It is unlawful for a person less than 18 years of age to be present at or upon any public assembly, building, place, street or highway:
(1) Between 10:00 p.m. Friday and 6:00 a.m. Saturday;
(2) Between 10:00 p.m. Saturday and 6:00 a.m. Sunday; and
(3) Between 9:00 p.m. on Sunday through Thursday, inclusive, and 6:00 a.m. on the following day.
(B) Subsection (A) above shall not apply:
(1) When the person is accompanied by a parent or legal guardian of that person;
(2) When the person is accompanied by an adult authorized by a parent or legal guardian of that person to take the parent's or legal guardian's place in accompanying the person for a designated period of time and purpose within a specified area;
(3) When the person is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly, but only after first delivering to the Director of Public Safety or his designee a written communication, signed by the person and that person's parent or legal guardian, with their home address and telephone number and specifying when, where, and in what manner the person will be in a place and during hours when this section is applicable to said person in the exercise of a First Amendment right specified in such communication;
(4) In case of reasonable necessity for the person remaining in a public place but only after the person's parent or legal guardian has communicated to the Director of Public Safety or his designee the facts establishing the reasonable necessity relating to a specified public place at a designated time for a described purpose including points of origin and destination;
(5) When the person is on the sidewalk or property where the person resides, or on either side of or across the street from the place where the person resides and the adult owner or resident of that property has given permission for the person to be there;
(6) When the person is returning home by a direct route, without any unnecessary delay, detour or stop, from and within 30 minutes of the termination of a school activity or an activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event, provided that if the event is not commercial in nature or does not have a fixed, publicly known time at which it will or does end, the sponsoring organization must register the event with the Director of Public Safety or his designee at least 24 hours in advance, informing the Police Department of the time that such event is scheduled to begin, the place at which it shall be held, the time at which it shall end, and the name of the sponsoring organization;
(7) When the person is legally employed and is, by a direct route without any unnecessary delay, detour or stop, traveling to or from such employment; or
(8) When the person is, with this consent of his or her parent or legal guardian, engaged in normal interstate or intrastate travel through the city.
(C) It is unlawful for a person between the ages of 7 and 15, inclusive, other than a person who has been suspended or expelled from school, to be at any place within the city except in attendance at school during normal school hours on a school day during the regular school term.
(D) In addition to any other sentence that may be imposed, the court shall order any person convicted of disorderly conduct under subsection (A)(3) involving a false alarm of a threat that a bomb or explosive device has been placed in a school that required an emergency response to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the response. If the court determines that the person convicted of disorderly conduct that requires an emergency response to a school is indigent, the provisions of this subsection (D) do not apply.
(E) Subsections (C) and (D) above shall not apply to persons who are not in attendance at school under the following circumstances:
(1) The person is accompanied and supervised by a parent, legal guardian, or when the person is accompanied by an adult authorized by a parent or legal guardian of that person to take the parent's or legal guardian's place and the absence would be approved by the public, private or parochial school in which such person is enrolled.
(2) The person is engaged in a business or occupation which the laws of this state authorize a person less than 17 years of age to perform; or
(3) The person is not registered or enrolled in any public, private or parochial school.
(F) It is unlawful for a person between the ages of 7 and 15 years of age, inclusive, who has been suspended or expelled from school to be present at or upon any public assembly, building, place, street, or highway during normal school hours during any school day during the regular school term unless accompanied and supervised by a parent, legal guardian or when the person is accompanied by an adult authorized by a parent or legal guardian of that person to take the parent's or legal guardian's place or unless engaged in a business or occupation which the laws of the state authorize a person less than 17 years of age to perform.
(G) It is unlawful for a person over the age of 15 years of age and enrolled in any of grades one through twelve in any public, private or parochial school, who has been suspended or expelled from school to be present at or upon any public assembly, building, place, street, or highway during normal school hours during any school day during the regular school term unless accompanied and supervised by a parent, legal guardian or when the person is accompanied by an adult authorized by a parent or legal guardian of that person to take the parent's or legal guardian's place or unless engaged in a business or occupation which the laws of the state authorize a person less than 17 years of age to perform.
(H) It is unlawful for a parent, legal guardian or other person to knowingly permit or by inefficient control to allow a person in his or her custody or control to violate any provision of this section. The term "knowingly" includes knowledge that a parent, legal guardian or other person should reasonably be expected to have concerning the whereabouts of a juvenile in the parent, legal guardian or other person's custody or control. This requirement is intended to hold a neglectful or careless parent, legal guardian, or other adult supervising a juvenile up to a reasonable community standard or responsibility through an objective test. It shall, therefore, be no defense that a parent, legal guardian or other adult was completely indifferent to the activities or conduct or whereabouts of such juvenile.
(I) It shall be unlawful for any operator of an establishment to knowingly permit a person to remain at the establishment under circumstances not constituting an exception to, or otherwise beyond the scope of this section. The term "knowingly" includes knowledge that an operator should reasonably be expected to have concerning the patrons of the establishment. The standard for "knowingly" shall be applied through an objective test: whether a reasonable person in the operator's position should have known that the patron was a person subject to and in violation of this section. An operator shall not be found in violation of this section if he has notified the Police Department that a person subject to this section was present on the premises during curfew hours and refused to leave.
(J) It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of this section.
(K) Any individual less than 17 years of age who receives a citation for an alleged violation of this section shall have a parent or legal guardian present during any hearing concerning such citation. A person convicted of a violation of any provision of this section shall be fined not less than $75 dollars nor more than $750, except that neither a person who has been made a ward of the court under the Juvenile Court Act of 1987 nor that person's legal guardian shall be subject to any fine.
(L) If any division, sentence, clause, phrase or portion of this section is, for any reason, held invalid or unconstitutional, such portions shall be deemed a separate, distinct, and independent provision and such decision shall not affect the validity of the remaining portions hereof.
(‘64 Code, § 22-6; Am. Ord. 6599, passed 9-1-78; Am. Ord. 8087, passed 4-4-00; Am. Ord. 8476, passed 4-4-06; Am. Ord. 9156, passed 6-5-18) Penalty, see § 130.99
Statutory Reference:
Curfew, see ILCS Ch. 720, Act 5, § 12C-60