A. Definitions:
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, an 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.
PARENT: A person who is:
1. A natural parent, adoptive parent, or stepparent of another person; or
2. At least twenty one (21) 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.
B. Age And Hour Restrictions: It shall be unlawful for any "minor", as defined herein, to be upon any public way, public place, street, establishment or roadway during the following times:
1. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. on Saturday;
2. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. on Sunday; and
3. Between one minute after eleven o'clock (11:01) P.M. on Sunday through Thursday inclusive and six o'clock (6:00) A.M. on the following day.
C. Defenses: It shall be a defense to prosecution under this section that the minor was:
1. Accompanied by the minor's parent or guardian;
2. On an errand at the direction of the minor's parent or guardian without any detours or stops;
3. In a motor vehicle involved in interstate travel;
4. Engaged in an employment activity, or going to or returning from an employment activity, without any detours or stops;
5. Involved in an emergency;
6. On a sidewalk abutting the minor's residence or abutting the next door neighbor if the next door neighbor does not complain to the police department about the minor's presence;
7. Attending an official school, religious or other recreational activity supervised by adults and sponsored by any governmental body having jurisdiction within the corporate limits of the village of Elk Grove Village; a civic organization or similar entity that takes responsibility for the minor, or transporting the minor to and from the activity and home without any detour or stop, or any other official school, religious or other recreational activity supervised by adults and sponsored by any governmental entity having jurisdiction within the corporate boundaries of the village of Elk Grove Village, a civic organization, or similar entity that takes responsibility for a minor;
8. 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;
9. Married or had been married or is an emancipated minor under the Emancipation of Mature Minor's Act, being 750 ILCS 30/1, et seq., as amended.
D. Precitation Inquiry: Before issuing a citation or making an arrest under this section, a police officer shall ask the apparent offender's age and the reason that the apparent offender is in a public place or establishment or other prohibited location. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes, based upon the totality of the circumstances, that an offense has occurred and that no defense set forth in subsection C of this section is present.
E. Enforcement: Any duly authorized law enforcement officer of the village who has arrested or charged a minor or minors with violating the provisions of this section may cause a written notice to be served upon the parent, guardian, or legal custodian of such minor or minors, setting forth the nature of the violation and advising that any subsequent arrests of said minor or minors may result in prosecution of the parent, guardian or legal custodian as provided in subsection F of this section.
F. Parental Responsibility: It shall be unlawful for any parent, guardian or legal custodian of a minor or minors who has violated the provisions of subsection B of this section to, within a period of one year from the receipt of notice as provided in subsection E of this section knowingly permits such minor or minors to violate the provisions of said subsection B of this section.
G. Penalties: Any person violating any of the provisions of this section shall be subject to a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 2995, 5-11-2004)