A. Definitions: The following definitions are applicable to this section:
EMERGENCY: An unforeseen combination of circumstances for 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 person who, under court order, is the guardian of the person of a minor, or a public or private agency with whom a minor has been placed by a court.
MINOR: A person less than seventeen (17) years of age.
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: A person who is:
1. A natural parent, adoptive parent or step-parent of another person; or
2. At least eighteen (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 linger or stay, or 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. Curfew: Except as provided in subsection C of this section, it is unlawful for any person less than seventeen (17) years of age to be present or upon any public road, street, alley or park, or other land used for public purposes, or in any public place of business or amusement in the City, at the following times:
1. Between one minute after twelve o’clock (12:01) A.M. and six o’clock (6:00) A.M. on Saturday;
2. Between one minute after twelve o’clock (12:01) A.M. and six o’clock (6:00) A.M. on Sunday; and
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: The following shall constitute valid exceptions to the operation of the curfew:
(1987 Code § 14-11)
1. At any time when accompanied by their parent, guardian or other adult person responsible for or having the legal care, custody and control of the individual, or an authorized adult;
2. If participating in, going to, or returning from, without any detour or stop:
a. An emergency as defined in subsection A of this section;
b. Lawful employment;
c. Attending an official school, religious or other social or recreational activity supervised by adults and sponsored by a unit of government, civic organization, or other similar entity that takes responsibility for the attendees;
d. An errand at the direction of a parent or guardian;
e. An activity involving the exercise of First Amendment Rights protected by the United States Constitution (or those similar rights protected by the State of Illinois Constitution), such as free exercise of religion, freedom of speech and the right of assembly.
3. Is married or had been married or is an emancipated minor under the Emancipation of Mature Minors Act, as amended.
4. If in a motor vehicle when the travel begins and ends outside the corporate limits of the City.
D. Establishments: The owner, operator or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours, or fails to promptly notify the Police Department that a minor is present on the premises of the establishment during curfew hours and refuses to leave.
E. Enforcement: Before taking any enforcement action under this section, a police officer shall ask the suspected offender’s age and reason for being in the public place or on the premises. The police officer shall not issue a citation or make an arrest under this section unless the police officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no exception in this section applies.
F. Penalty; Restitution: Any person violating this section shall be fined according to the Fines and Penalties found in Title 15, Chapter 1: Fines and Penalties for each offense and be responsible for the City's cost of prosecution, including attorney fees incurred by the City. Each day that a violation continues shall be considered a separate offense. Restitution by the violator shall also be made for any property damaged or destroyed or person injured.
(1987 Code § 14-11) (amd. Ord. 19-1186, 2-18-2019; Ord. 22-40, 6-20-2022)