(A) It shall be unlawful and a curfew violation for a person under the age of 18 years (hereinafter, "child") to be present at any public assembly or in or upon any public building, park, sidewalk, street, highway, alley or other lands used for public purposes, or in any public place of business or amusement in the Village:
(1) Between the hours of 11:00 p.m. Friday to 6:00 a.m. Saturday, and 11:00 p.m. Saturday to 6:00 a.m. Sunday; and
(2) Between the hours of 10:00 p.m. on Sunday through Thursday, and 6:00 a.m. on the following day.
(B) Exceptions. This section does not apply to a child who is:
(1) Accompanied and supervised by a parent, legal guardian or legal custodian;
(2) Accompanied by a responsible companion at least 18 years of age approved by the child's parent, legal guardian or legal custodian;
(3) Engaged in a business or occupation which the laws of this State authorize a child less than 17 years of age to perform;
(4) Participating in, going to, or returning from:
(a) An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
(b) An activity involving the exercise of the child's rights protected under the First Amendment to the United States Constitution or Article I, Sections 3, 4, and 5 of the Illinois Constitution of 1970, or both, such as freedoms of religion and speech and the right of assembly, to include, but not be limited to:
1. A religious event, including, but not limited to, prayer and vigil services; or
2. A political event, including, but not limited to, observing or influencing a legislative session and attending a political rally or event;
(c) An activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of 1 or more adults; or
(5) Engaged in interstate or international travel from a location outside the state to another location outside the state with the permission of a parent or legal guardian.
(C) It shall be unlawful for a parent, legal guardian, or other person, having the legal care and custody of any child under the age of 18 years, to knowingly allow or permit such child, ward, or other child under such age, while having such legal custody, to go or be in or upon any public building, park, sidewalk, street, highway, alley or other lands used for public purposes, or in any public place of business or amusement in the Village within the time prohibited in division (A).
(D) Any police officer may stop and question any child suspected of violating the provisions of this section. Prior to arresting or citing a child for curfew, or taking a child into custody, the police officer must make reasonable inquiry to determine whether any of the exceptions contained in division (B) apply, in addition to the age and time requirements set forth in division (A). An officer shall issue a citation or make an arrest for curfew or take a child into custody only if the officer has reasonable grounds to believe that the child has violated division (A) and that no exceptions apply. Upon taking a child under 18 years of age into custody, the police officer shall immediately communicate with the parent, legal guardian, or legal custodian of that child. Each member of the police force is authorized to arrest, without warrant, any child violating the provisions of this section and retain such child until he or she is turned over to the custody of the parent, legal guardian, or other person having legal care and custody of such child.
(E) It shall be the duty of the juvenile officer, upon arrest of any child, where the parent or guardian has refused to become responsible for the child, for violation of the provisions of this section, to inquire into the facts of the arrest and the conditions and circumstances of such child and to cause the proper proceedings to be taken as provided by law in such case.
(F) Violations of curfew, as set forth in division (A) of this section, or parental responsibility, as set forth in division (C) of this section, are punishable by a fine of between $100 and $750 for a first offense, and between $200 and $1,000 for second or subsequent offenses. In lieu of the fines set forth herein, a judge or hearing officer adjudicating the matter may impose a term of community service to be performed either through a program administered by the Village, if available, or at a not-for-profit organization within the Village. Where a defendant fails to perform community service as ordered, the term of community service may be increased or converted to a fine.
(1997 Code, §42.19) (Ord. 60-19, passed 12-8-1960; Am. Ord. 75-2, passed 4-10-1975; Am. Ord. C0-04-19, passed 6-21-2004; Am. Ord. 32, passed 9-19-2006) Penalty, see § 10.99