(A) Definitions: For purposes of this section the following terms, phrases, words and their derivations shall have the meanings given therein. When not inconsistent within the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular include the plural. The word "shall" is always mandatory and not merely directory.
ADULT: Any person at least nineteen (19) years of age.
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, natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious injury to persons or property.
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.
JUVENILE: Any person sixteen (16) years of age or younger.
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: Any person having legal custody of a juvenile: 1) as a natural or adoptive parent, 2) as a legal guardian, 3) as a person who stands in loco parentis, or 4) as a person to whom legal custody has been given by court order.
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, common areas, shopping centers, private businesses, streets, and similar areas that are open to the use of the public.
(B) Curfew For Juveniles: It shall be unlawful for any juvenile to be or remain in or upon a public place within the Village of Manteno during the following hours:
1. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. Saturday.
2. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. Sunday.
3. Between eleven o'clock (11:00) P.M. on Sunday to Thursday, inclusive, and six o'clock (6:00) A.M. on the following day.
(C) Exceptions And Affirmative Defense: It shall not be a violation of this section, and it shall otherwise be an affirmative defense if a juvenile is:
1. Accompanied by the juvenile's parent, custodian or guardian;
2. Accompanied by an adult at least nineteen (19) years of age or older authorized by a parent of such juvenile to take said parent's place in accompanying said juvenile for a designated period of time and for purposes within a specified area.
3. When a juvenile is on the sidewalk or property where the juvenile resides, or on either side of or across the street from the place where the juvenile resides and the adult owner or resident of that property has given permission for the juvenile to be there.
4. When the juvenile is married or has been married pursuant to state law.
5. In the case of an operator of an establishment, when the operator has notified the police that a juvenile was present on the premises of the establishment during curfew hours and refused to leave.
6. Participating in, going to, or returning from:
(a) Lawful employment;
(b) A school sanctioned activity;
(c) An emergency situation, or errand of urgent necessity involving the protection of persons or property;
(d) An activity involving the exercise of the juvenile's rights protected under the first amendment of the United States constitution and article 1, sections 3, 4, and 5 of the Illinois constitution, or both, such as freedom of speech, religion and the right of assembly; or
(e) Engaged in the interstate or international travel originating outside the state of Illinois or originating in the state of Illinois.
(D) Operator Responsibility: It shall be unlawful for any operator of an establishment to knowingly permit a juvenile to remain at the establishment under circumstances not constituting an exception to, or otherwise beyond the scope of, this section. The term "knowingly" includes knowledge that an operator should reasonably be expected to have concerning the patrons of the establishment. The standard for "knowingly" shall be applied through an objective test: whether a reasonable person in the operator's position would have known that the patron was a juvenile in violation of this section.
(E) Parental Responsibility: It shall be unlawful for a parent having legal custody of a juvenile knowingly to permit or by inefficient control to allow the juvenile to remain in any village public place under circumstances not constituting an exception to, or otherwise beyond the scope of, this section. The term "knowingly" includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a juvenile in that parent's legal custody. It shall be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such juvenile.
(F) Duties Of Police Officers: It shall be the duties of the police officer upon discovering any juvenile, unattended by an adult, to:
1. Inquire of such juvenile their age, place of residence and telephone number;
2. Inquire as to why the juvenile is out past curfew;
3. Assess whether the activity the juvenile is engaged in is/was protected under this section;
4. Assess whether such an exception or defense is reasonable given the surrounding circumstances, such as time elapsed from beginning or end of said activity, allowing the juvenile a reasonable amount of time to go to or return from such activity without violating this section.
After the above inquiries are made by the officer, and no exceptions or defenses are applicable, it shall be the duties of the police officers to promptly notify the parent, guardian, or custodian of such juvenile who has been detained for violations of the provisions of this section and to report to the police station for the return of said juvenile to their custody. Whenever it is impractical to do so, the said juvenile may be returned forthwith to his home or to the person entitled to his custody. (Ord. 03-36, 4-26-2004)