A. Parental Responsibility:
1. Definitions:
LEGAL GUARDIAN: A person appointed guardian, or given custody of a minor by a Circuit Court of the State, but does not include a person appointed guardian, or given custody of a minor under the Juvenile Court Act.
MINOR: A person who is above the age of eight (8) years, but not yet nineteen (19) years of age.
2. Failure To Exercise Parental Control: The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility and said minor shall be deemed to have committed the acts described below with the knowledge and permission of the parent or legal guardian, in violation of this subsection, upon the occurrence of the events described below:
a. An unemancipated minor residing with said parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law, or statute prohibiting wilful and malicious acts causing injury to a person or property, or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or statute prohibiting wilful and malicious acts causing injury to a person or property; and
b. Said parent or legal guardian shall have received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service, with certificate of personal service returned, from the Police Department of the Village following said adjudication or nonjudicial sanction; and
c. If at any time within one year following receipt of the written notice set forth above, said minor is again either adjudicated to be in violation of any ordinance, law or statute as described above, or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or statute as described above. (Ord. 77-10-1, 10-26-1977)
B. Curfew:
1. Age And Hour Restrictions Generally: It is unlawful for any person within the corporate boundaries of the village who is less than seventeen (17) years of age to be present at or upon any public assembly, building, place, street, or highway at the following times unless the person is: a) accompanied by the child's parent or legal guardian; b) accompanied by a person at least eighteen (18) years of age with the written approval by the child's parent or guardian; c) participating in, going to, or returning by the most direct route from: 1) lawful employment, occupation which the laws of the state authorize a person less than seventeen (17) years of age to perform, 2) an activity sanctioned by his or her school, 3) a religious event, 4) an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage, 5) an activity involving the exercise of the child's rights protected under the first amendment to the United States constitution or the constitution of the state of Illinois, or both, such as freedom of speech and the right of assembly, or 6) an activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one or more adults; or d) engaged in interstate or international travel from a location outside Illinois to another location outside Illinois:
a. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M., Saturday;
b. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M., Sunday; and
c. Between eleven o'clock (11:00) P.M. Sunday to Thursday, inclusive, and six o'clock (6:00) A.M. the following day.
2. School Hours:
a. It is unlawful for any person under the age of eighteen (18) who is enrolled in any public, private or parochial elementary or secondary school to be present in or upon any public place, street, building, or assembly, other than school, during any hours when his or her school is in session during the regular school term, unless he or she is:
(1) Traveling to or from school by the most direct route; or
(2) Engaged in an activity sanctioned by his or her school; or
(3) Engaged in personal business, including, but not limited to, employment, medical care, educational and/or religious activities, with prior notice to school authorities from a parent or legal guardian; or
(4) Participating in, going to, or returning by the most direct route from: a) an activity sanctioned by his or her school, b) a religious event, c) an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage, d) an activity involving the exercise of the child's rights protected under the first amendment to the United States constitution or the constitution of the state of Illinois, or both, such as freedom of speech and the right of assembly; or
(5) Engaged in interstate or international travel from a location outside Illinois to another location outside Illinois.
3. Police Officer Authority: A police officer may stop and detain a person whom the officer reasonably suspects to be violating this subsection B for the shortest period practical for the purpose of verifying the person's identity, age, and any applicable exception to the aforesaid curfew regulations. The police officer shall immediately inform the person of the reason for the detention and that he or she will be released upon verification of any applicable exception to the aforesaid curfew regulations. A police officer shall, if practicable, take a person charged with violating this subsection B to a parent or legal guardian, or school authorities, in the case of a school curfew violation. In addition, or in the alternative to such a course of action, the officer may issue the person in question a notice to appear for such violation. (Ord. 2006-02-03, 2-22-2006)