(A) It is unlawful for a person less than 17 years of age to be present at or upon any public assembly, building, business, street, highway or other public place or way at the following times;
(1) For persons less than 13 years, between 9:00 p.m. and 6:00 a.m. the following day on any day of the week.
(2) For persons at least 13 years of age, but not yet 17 years of age:
(a) Between 11:00 p.m. on Sunday through Thursday, inclusive, and 6:00 a.m. the following day.
(b) Between 12:01 a.m. and 6:00 a.m. on Saturday or Sunday.
(B) 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, stepbrother or stepsister at least 18 years of age;
(2) Accompanied by an adult at least 21 years of age approved by the child's parent, guardian, or custodian;
(3) 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 non-profit or governmental entity that provides recreation, education, training, or other care under the supervision of one or more adult.
(C) A citation for violation of division (A) of this section may be issued by a police officer only if he reasonably believes that a violation has occurred and none of the defenses enumerated in division (B) apply.
(D) It is unlawful for a parent, legal guardian or other person to knowingly permit a person in his custody or control to violate the provisions of division (A) of this section. It shall be a rebuttable presumption that a person has violated this section if someone under 17 years of age of whom such person has custody or control is present upon any public assembly, building, business, street or highway or other public place or public way in violation of division (A) of this section, and none of the defenses enumerated in division (B) of this section apply.
(Am. Ord. 3061, passed 5-28-96; Am. Ord. 3185, passed 10-13-98; Am. Ord. 3434, passed 6-14-04) Penalty, see § 130.99
Statutory reference:
Authority to impose curfew, see ILCS Ch. 65, Act 5, § 11-1-5