(a) Definitions. As used in this section, unless the context requires otherwise, the following words or phrases shall mean:
(1) "Community service" is a penalty requiring that an offender convicted of a relatively minor crime do unpaid work that is beneficial to the community.
(2) "Custodian" means:
A. A person who, under court order, is the custodian of the person of a minor or
B. A public or private agency with which the court has placed a minor or
C. A person acting in the role of a parent by reason of a private agreement, arrangement, custom, or habit.
(3) "Emergency" means an unforseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, medical emergency, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(4) ''Establishment" means any privately owned place of business to which the public is invited, including, but not limited to, any place of amusement or entertainment.
(5) "Guardian" means:
A. A parent or
B. A person who, under court order, is the guardian of the person of a minor or
C. A public or private agency with which the court has placed a minor.
(6) "Minor" means a person who is under eighteen years of age.
(7) "Parent" means a person who is a natural parent, adoptive parent, or stepparent of another person,
(8) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, public ways, sidewalks, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
(9) "Responsible adult" means the parent, guardian, or custodian having the care and custody of a minor.
(10) "School day curfew hours” means the period of time during the day when school is in session in the City.
(11) "Serious bodily injury" means 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.
(12) "Truancy Code" means this Section 650.02 of the Codified Ordinances of Martinsville, Illinois which may be cited and referred to as the "City of Martinsville Truancy Code" or the "Truancy Code".
(13) "Truancy curfew hours" means the period of the day when the school the minor would normally attend is in session.
(14) "Truancy Review Board" means an agency or entity established by any school district or any federal, state, or local governmental entity recognized by the City and/or the court as an agency that provides service to improve educational performance and/or attendance.
(15) "Truant" means a child subject to compulsory school attendance and who is absent without valid cause from such attendance for a school day or portion thereof, as defined in the Illinois School Code (105 ILCS 5/26-2a),
(16) "Truant officer" means any officer, appointee, employee or other agent of any school district or any federal, state, or local governmental entity or any agency thereof performing the duties of a truant officer under the Illinois Compulsory Attendance Statute (105 ILCS 5/26-1 et seq.).
(b) School Days Curfew Restrictions.
(1) It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City during City school day curfew hours.
(2) It is unlawful for any responsible adult to knowingly permit or by insufficient control to allow the minor to be present in any public place or on the premises of any establishment within the City during City school day curfew hours.
(3) It is a defense to a violation under this Truancy Code that the child engaged in the prohibited conduct while:
A. Accompanied by the child's parent, guardian, or custodian;
B. Accompanied by an adult specified by the child's parent, guardian, or custodian;
C. Participating in, going to, or returning from:
1. Lawful employment:
2. A school-sanctioned activity;
3. An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
4. A religious event;
5. An activity involving the exercise of the child's rights protected under the First Amendment to the United States Constitution, 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;
D. Engaged in interstate or international travel from a location outside Illinois to another location outside Illinois in the company of or with the permission of a responsible adult.
(c) Truancy Restrictions.
(1) It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education by statute or court order to be absent without valid cause from such attendance for a school day or portion thereof.
(2) It is unlawful for any responsible adult to knowingly permit or by insufficient control to allow the minor to be absent without valid cause from such attendance for a school day or portion thereof.
(3) It is a defense to a violation under this Truancy Code that the child engaged in the prohibited conduct while:
A. Accompanied by the child's parent, guardian, or custodian;
B. Accompanied by an adult specified by the child's parent, guardian, or custodian;
C. Participating in, going to, or returning from:
1. Lawful employment;
2. A school-sanctioned activity;
3. An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
4. A religious event;
5. An activity involving the exercise of the child's rights protected under the First Amendment to the United States Constitution, 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;
D. Engaged in interstate or international travel from a location outside Illinois to another location outside Illinois in the company of or with the permission of a responsible adult.
(d) Enforcement.
(1) Every member of the City's Police Department while on duty is hereby authorized to temporarily detain any minor alleged to be in violation of the provisions of this section (regardless of whether a complaint is issued) until the parent, guardian, or custodian of the minor shall take him or her into custody. Such officer shall immediately upon taking custody of the minor reasonably attempt to communicate with the parent, guardian, or custodian of the minor unless the officer elects to deliver the minor to the school authorities pursuant to subparagraph (5) of this subsection (d) of this Truancy Code. A reasonable adult must take custody of the minor within one hour of the time of a request for the same from the officer or be subject to a fine of twenty-five dollars ($25.00) per hour thereafter (not to exceed one hundred dollars ($100.00)) for each hour or part thereof that elapses until the responsible adult takes custody of the minor after having received said request.
(2) Before taking any enforcement action, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a complaint or make an arrest unless the officer reasonably believes an offense has occurred and that, based on any response and other circumstances, no defense contained in subsections (b) (3) or (c) (3) of this Truancy Code applies.
(3) A. A complaint issued hereunder shall be in writing and shall:
1. State the name of the person being cited and the person's address if known;
2. Set forth the specific section of this Truancy Code that was violated, the date, time and location of the violation and a brief description of the violation;
3. Be signed by the issuing City police officer, truant officer or other complaining party.
B. In each instance where a complaint is issued to a minor for violation of this Truancy Code, a minor's parent, guardian, or custodian shall be provided a copy of the complaint notifying the parent, guardian, or custodian of the charge made against the minor.
(4) A minor cited for a violation under this Truancy Code must attend a court hearing on the complaint and must be accompanied at the hearing by a responsible adult. If the responsible adult. If the responsible adult fails to attend any court hearing with the minor, and unless the interest of justice would otherwise be served, the court may continue the hearing and shall issue a notice or a rule to show cause to the responsible adult, directing the responsible adult to appear at the continued hearing with the minor. Failure of the responsible adult to hereafter appear shall subject the responsible adult to such sanctions for contempt of court as the court shall determine.
(5) Every member of the City's Police Department while on duty is hereby authorized to temporarily detain any minor suspected of violating the provisions of the Truancy Code, regardless of whether a complaint is issued, and to deliver and surrender the minor to the lawful authorities of the school that the minor would normally attend.
(e) Penalty.
(1) Any child subject to compulsory school attendance and who is absent without valid cause from such attendance for a school day or portion thereof shall be a "truant" and shall be guilty of the offense of truancy and, if of the age of thirteen years or older, such violator shall be subject to the following penalties:
A. Upon the first conviction, the payment of a fine in an amount not to exceed seventy-five dollars ($75.00) in addition to court cost;
B. Upon the second conviction within a one-year period, the payment of a fine of in excess of seventy-five dollars ($75.00) but not to exceed one hundred dollars ($100.00) in addition to court cost;
C. In lieu of or in addition to any penalty imposed pursuant to A. or B. above, the violator may be ordered to perform community service as directed by the court;
D. The fine for any conviction for a violation of this Truancy Code shall not exceed one hundred dollars ($100.00) as is required by the Illinois Municipal Code Truancy Law (65 ILCS 5/11-5-9), and
(2) If the truant who is guilt of truancy is under the age of 13 years, the parent or custodian of the violator is subject to the foregoing fine or community service, or both.
(Ord. 2010-4-2. Passed 4-14-10)
Statutory reference:
Authority of municipality to regulate truants, see 65 ILCS 5/11-5-9