(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS.
(a) Between 12:01 a.m. and 6:00 a.m. Saturday;
(b) Between 12:01 a.m. and 6:00 a.m. on Sunday; and
(c) Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
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, an 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.
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 and shops.
REMAIN. To:
(a) Linger or stay; or
(b) Fail to leave premises when requested to do so by a police officer or the owner, 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) A minor commits an offense if he or she remains in any public place or on the premises of any establishment during curfew hours.
(2) A parent or guardian of a minor or other person in custody or control of a minor commits an offense if he or she knowingly permits the minor to remain in any public place or on the premises of any establishment during curfew hours.
(C) Defenses. It is a defense to prosecution under division (B) above that the minor was:
(1) Accompanied by the minor’s parent or guardian or other person in custody or control of the minor;
(2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor’s presence;
(7) Attending an official school, religious. or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor;
(8) 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; or
(9) Married or had been married or is an emancipated minor under the Emancipation of Minors Act.
(D) Enforcement. Before taking any enforcement action under this section, a law enforcement 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 (C) above is present.
(E) A person convicted of a violation of any provision of this section shall be guilty of a petty offense and shall be fined not more than $750, except that neither a person who has been made a ward of the court under the Juvenile Court Act of 1987, nor that person’s legal guardian, shall be subject to any fine. ln addition to or instead of the fine imposed by this section, the court may order a parent, legal guardian or other person convicted of a violation of division (B) above to perform community service as determined by the court, except that the legal guardian of a person who has been made a ward of the court under the Juvenile Court Act of 1987 may not be ordered to perform community service. The dates and times established for the performance of community service by the parent, legal guardian or other person convicted of a violation of division (B) above shall not conflict with the dates and times that the person is employed in his or her regular occupation.
(F) School curfew for minors.
(1) Definitions. For the purposes of this division (F), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
KNOWINGLY. Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inquiry or inspection.
LEGAL GUARDIAN. A person appointed guardian, or given custody, of a minor by a circuit court of this state, but does not include a person appointed guardian or given custody of a minor under the Juvenile Court Act of 1987, 705 ILCS 405/1-1 et seq.
MINOR. A person under the age of 18 years.
PARENT. A natural or adoptive parent or a court designated guardian.
UNEMANCIPATED MINOR. A minor still under the care and custody of at least one of his or her parents or a legal guardian.
WILLFUL. Proceeding from a conscious and voluntary intentional motion of the will.
(2) Daytime/school curfew. It shall be unlawful for any minor who is enrolled in any public, private, or parochial school to be present at or upon, or to loiter, wander, stroll, or play in or upon, any street, alley, sidewalk, parkway, park, playground, or other public place, or in or on any public building, place of amusement or entertainment, or any vacant lot in the village, other than school, during any hours when school is in session during the regular school term, unless such minor is:
(a) Traveling to or from school by the most direct route: or
(b) Engaged in school related activities with written approval of school authorities or as otherwise authorized by written school policy; or
(c) Accompanied by the minor's parent or guardian or other person in custody or control of the minor;
(d) On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(e) In a motor vehicle involved in interstate travel;
(f) Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;
(g) Involved in an emergency;
(h) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor's presence;
(i) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor;
(j) 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; or
(k) Married or had been married or is an emancipated minor under the Emancipation of Minors Act.
(3) Investigatory detention. Any police officer may stop and detain a person whom the police officer reasonably suspects to be violating this division (F) for purpose of verifying the detained person's identity, age, school enrollment and authority to be absent from school. The police officer shall immediately inform the detained person of the reason for the detention and that he or she will be released upon verification of authorization to be absent from school. If the detained person refuses to provide the police officer with the necessary information, or if authorization to be absent from school cannot be verified within 15 minutes of the detention, the detained person shall, if practicable, be taken to school authorities or a parent or legal guardian or other adult having lawful custody or supervision of such person.
(4) First and subsequent violations. Any person who violates this division (F) shall be warned by any police officer forthwith to comply with such provisions, and such officer shall also, without delay, report such violation to his or her superior officer, who shall cause a written notice to be served upon the parent, legal guardian or other adult having lawful custody or supervision of such person, setting forth the manner in which this division (F) has been violated. In case any minor, after such warning, shall again violate any of the provisions of this division (F), he or she shall be subject to penalties pursuant to § 135.999.
(5) Parental responsibility. It shall be unlawful for any parent or legal guardian of an unemancipated minor to knowingly suffer, permit, or allow such minor to violate any provision of this division (F).
(Prior Code, § 47-7.22) (Ord. 99-50, passed 2-17-2000; Ord. 04-31, passed 6-17-2004; Ord. 2016-30, passed 5-2-2016) Penalty, see § 135.999