(A) Hours prescribed. It shall be unlawful for any minor under the age of 17 years to loiter, idle, wander, stroll or play in, or be found upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots or any public places, between the hours of 11:00 p.m. and 6:00 a.m. of the following day, Sunday through Friday, and between the hours of 12:00 midnight Saturday and 6:00 a.m. Sunday, official city time.
(B) It is a defense to a violation under this chapter that the child engaged in the prohibited conduct while:
(1) Accompanied by his or her parent, guardian or other adult person having the care and custody of such minor;
(2) Participating in, going to or returning from:
(a) An errand or duty directed by such parent, guardian or custodian;
(b) A school recreational activity such as a school dance, function or entertainment;
(c) Employment which the laws of this state authorize a person less than 17 years of age to perform;
(d) A religious event;
(e) An emergency involving the protection of a person or property from an eminent threat or serious bodily injury or substantial damage;
(f) An activity involving the exercise of the child's rights protected under the First Amendment of the United States Constitution or Article I, Section 3, 4 and 5 of the Constitution of the State of Illinois, or both;
(g) An activity conducted by a non-profit or governmental entity that provides recreation, education, training, or other care under the supervision of one or more adults.
(C) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in division (B)(2)(b) is present.
(D) Unlawful for parents, guardians to permit violations. It shall be unlawful for the parent, guardian or adult person having the care and custody of a minor under the age of 17 years to permit such minor to loiter, idle, wander, stroll or play in, or be found upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots, or any public place, between the hours of 11:00 p.m. and 6:00 a.m., Sunday through Friday, and between the hours of 12:00 midnight Saturday and 6:00 a.m. Sunday, official city time; provided however, that the provisions of this section shall not apply to the excepted class mentioned in the provisions in division (B) above.
('69 Code, § 13-8)
(E) Owners of amusement places permitting minors during prohibited hours. It shall be unlawful for any person operating places of amusement and entertainment to permit any minors under the age of 17 years to enter or remain in such places of amusement and entertainment during the hours prohibited under division (A) above; provided, however, that the provisions of this division (E) do not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor.
('69 Code, § 13-9)
(F) Minors violating provisions deemed delinquents. Upon the second or any subsequent violation of any of the above provisions of division (A) by any minor under the age of 17 years, such minor shall be deemed a delinquent child, and shall be taken and delivered to the proper public authorities to be dealt with according to law.
('69 Code, § 13-10) (Ord. passed 2-14-61; Am. Ord. passed 10-10-62; Am. Ord. O-76-16, passed 8-10-76; Am. Ord. O-04-10, passed 5-10-04) Penalty, see § 133.99