(a) Definitions. For purposes of this section, the following words and phrases shall have the meanings given herein:
(1) “Minor” means any person under the age of eighteen years or, in equivalent phrasing used herein any person seventeen years of age or less.
(2) “Parent” means any person having legal custody of a minor as a:
A. Minor or adoptive parent,
B. Legal guardian,
C. Person who stands in loco parentis or as a
D. Person to whom legal custody has been given by court order.
(3) “Remain” means to stay behind, tarry or stay unnecessarily upon the streets, including the congregating of groups of interacting minors, totaling four or more persons in which any minor involved would not be using streets for ordinary purposes such as mere passage or going home.
(4) “Street” means a way or place, of whatever nature, open to the use of public as a matter of right for the purposes of vehicular travel or in the case of sidewalk, thereof, for pedestrian travel. “Street” includes the legal right-of-way, including but not limited to the traffic lane, the curb, the sidewalks, whether paved or unpaved, and any grass plots or other grounds found within the legal right of way of a street. “Street” applies irrespective of whatever the right-of-way is called or formally named whether it be an alley, avenue, court, road or otherwise.
(5) “Time of night” means the prevailing standard of time, whether Eastern Standard Time or Easter Daylight Savings Time, generally observed by the public in the Village. The time observed at the Village police station shall be prima-facie evidence of the prevailing standard of time.
(6) "Year of age" continues from one birthday, such as the seventeenth to, but not including the day of, the next, such as the eighteenth birthday, making it clear that seventeen or less years of age is herein treated as equivalent to the phrase “under eighteen years of age”. Similarly, eleven or less years of age means under twelve years of age.
(b) Hours. No minor shall be or remain in or upon any street within the Village, unless accompanied by his parent(s) from:
(1) 10:00 p.m. to 5:00 a.m. for minors under fourteen years of age;
(2) 11:00 p.m. to 5:00 a.m. for minors under sixteen years of age;
(3) 12:00 p.m. midnight to 5:00 a.m. for minors under eighteen years of age.
(c) Presumption of Age. Upon failure to present satisfactory evidence of age, a reasonable presumption of age by a police officer shall be sufficient to permit such officer to order such minor to remove themselves from the streets.
(d) Exempt Functions and Activities. Any minor attending a function or entertainment activity of any church, school, or similar organization that requires such minors to be out at a later hour than that specified in subsection (b) hereof, such minors shall be exempt from the provisions of subsection (b) hereof for a reasonable period of time sufficient to permit that minor to return home following the conclusion of the event.
It shall be an affirmative defense for any minor charged under subsection (b) hereof to establish that he was in attendance at such an exempt function and that his presence on the street was reasonable at the time.
(e) Parental Responsibility. No parent having legal custody of a minor shall knowingly permit or by ineffective control allow such minor to be or remain upon any street under circumstances not constituting an exception to, or otherwise beyond the scope of this section. "Knowingly" includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of a minor in the parent's legal custody. It is intended to be interpreted to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It shall, a fortiori, be no defense that a parent was completely indifferent to the activities, conduct or whereabouts of such minor.
(f) Penalty.
(1) Any minor who violates subsection (b) hereof shall be dealt with in accordance with the juvenile court laws and procedures of the State.
(2) Any parent who violates subsection (e) hereof shall be guilty of a minor misdemeanor for a first offense; and for each subsequent offense a parent shall be guilty of a misdemeanor of the fourth degree.