(a) It shall be unlawful for any person 16 years of age to be present at or upon any public assembly, building, place, street or highway between 10:00 p.m. and 6:00 a.m. on the following day from Sunday through Thursday and 12:00 a.m. and 6:00 a.m. on the following day on Friday and Saturday.
(b) It shall be unlawful for any person 12, 13, 14, 15 years of age to be present at or upon any public assembly, building, place, street or highway between 9:00 p.m. and 6:00 a.m. on the following day from Sunday through Thursday and 11:00 p.m. and 6:00 a.m. on the following day on Friday and Saturday.
(c) It is unlawful for any person 11 years of age or under to be present at or upon any public assembly, building, place, street or highway between 8:00 p.m. and 6:00 a.m. on the following day from Sunday through Thursday and 10:00 p.m. to 6:00 a.m. on the following day on Friday and Saturday.
(d) It is a defense to a violation under this chapter that the child engaged in the prohibited conduct while:
(1) Accompanied by the child's parent, legal guardian, custodian, sibling, or step sibling at least 18 years of age;
(2) Accompanied by an adult at least 21 years of age approved by the child's parent, legal guardian, or custodian.
(3) Married or having had the disabilities of minority removed.
(4) Participating in, going to, or returning from:
A. Employment which the laws of this State authorize a person less than 17 years of age to perform:
B. A school recreational activity;
C. A religious event:
D. An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage:
E. 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:
F. An activity conducted by a not for profit community organization registered with the State or government entity that provides recreation, education, training, or other care under the supervision of one or more adults.
A citation for a violation of subsection (a) of this Section may be issued by a police officer only if he or she reasonably believes that a violation has occurred, and none of the defenses listed in subsection (d) apply.
(e) It shall be unlawful for any custodial parent or guardian of any unemancipated person under eighteen (18) years of age to allow or permit such person to violate the provisions of this subsection. The fact that prior to the present offense a parent, guardian or custodian was informed in writing by a law enforcement officer of a separate violation of this subsection by the same minor occurring within ninety (90) days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation. In addition to being a violation hereunder, the parent or legal guardian having custody of a minor subject to this section shall be liable for any and all costs incurred by the City for providing personnel to remain in the company of a minor who has been as a curfew violator if said parent or guardian does not pick up the minor within one hour after receiving notice from the City that said minor is being detained for curfew violation.
(1977 Code § 40-109; Ord. 77-90. Passed 12-5-77; Ord. 78-21. Passed 3-6-78; Ord. 2004-28. Passed 5-17-04; Ord. 2007-34. Passed 5-21-07; Ord. 2008-24. Passed 5-5-08; Ord. 2013-43. Passed 9-3-13.)