(A) Definitions. The following words, terms and phrases when used in this article shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning:
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, or 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.
(a) A person who, under court order, is the guardian of the person of a minor; or
(b) A public or private agency with whom a minor has been placed by a court.
MINOR.
Any person under 18 years of age.
OPERATOR.
Any individual, firm, association, partnership, or corporation, operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT.
A person who is:
(a) A natural parent, adoptive parent, or step-parent of another person; or
(b) At least 18 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, shops and other establishments.
REMAIN.
(a) Linger or stay; or
(b) Fail to leave premises when requested to do so by a peace officer or the owners, operator, or other person in control of the premises.
SERIOUS BODILY INJURY.
Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(B) Offenses.
(1) It shall be unlawful for any minor to knowingly be present, remain, walk, run, stand, drive or ride about, in or upon any public place in the village between the hours of:
(a) 11:00 p.m. Sunday evening and 6:00 a.m. Monday morning;
(b) 11:00 p.m. Monday evening and 6:00 a.m. Tuesday morning;
(c) 11:00 p.m. Tuesday evening and 6:00 a.m. Wednesday morning;
(d) 11:00 p.m. Wednesday evening and 6:00 a.m. Thursday morning;
(e) 11:00 p.m. Thursday evening and 6:00 a.m. Friday morning;
(f) 12:01 a.m. Saturday morning and 6:00 a.m. Saturday morning; and
(g) 12:01 a.m. Sunday morning and 6:00 a.m. Sunday morning.
(2) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the village during curfew hours.
(3) The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
(C) Defenses.
(1) It is a defense to prosecution under divisions (B)(1), (2) and (3) that the minor was:
(a) Accompanied by the minor's parent or guardian;
(b) On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(c) In a motor vehicle involved in interstate travel;
(d) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(e) Involved in an emergency or on an errand made necessary by an emergency;
(g) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the village, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home therefrom, without any detour or stop;
(h) Going to or returning from the residence of another with the knowledge and consent of the minor's parent or guardian without any detour or stop;
(i) 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;
(j) Married or had been married, or has had the disabilities of minority removed in accordance with the "Emancipation of Minors Act," ILCS Ch. 750, Act 30, § 1 et seq.
(2) It is a defense to prosecution under division (B)(3) that the owner, operator, or employee of an establishment promptly notified the Police Department or a peace officer, that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(D)
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 warning or citation or take further action under this section unless the officer reasonably believes that an offense has occurred and that, based upon any response and other circumstances, no defense in division (C) is present.
(Ord. 1228-04, passed 10-19-04)