A. Loitering Of Minors: It is unlawful for a person less than seventeen (17) years of age who has not been emancipated by court order (hereinafter referred to as "minor") to be present at or upon any public assembly, building, place, store or highway at the following times:
Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. Saturday;
Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. Sunday; and
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.
B. Defenses: It is a defense to a violation under subsection A of this section that the minor engaged in the unlawful conduct while:
1. Accompanied by and supervised by the minor's parent, legal guardian or other responsible companion at least eighteen (18) years of age approved by a parent or legal guardian;
2. On the sidewalk abutting the minor's residence;
3. In a motor vehicle, train, or bus involved in interstate travel; or
4. Participating in, going to, or returning from, without any detour or stop:
a. Employment which the laws of this state authorize a person less than seventeen (17) years of age to perform;
b. A school recreational activity;
c. A religious event;
d. An emergency involving the protection of a person or property from an imminent threat of serious bodily injury, loss of life, or substantial damage, the resulting state calling for immediate action, and includes, but is not limited to, a fire, a natural disaster, or automobile accident;
e. An activity involving the exercise of the minor's rights protected under the first amendment to the United States constitution or article 1, sections 3, 4 and 5 of the constitution of the state of Illinois, or both; or
f. 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.
C. Parents: It is unlawful for a parent, legal guardian, custodian, or other person to knowingly permit a person in his custody or control to violate subsection A of this section; provided however that the defenses enumerated in subsection B of this section do not apply.
D. Owners Of Amusement Places: It is unlawful for any person operating places of amusement and entertainment, including, but not limited to, pool halls, arcades and similar businesses, to permit any minors to enter or remain in such places of amusement and entertainment during the hours prohibited under this section; provided however that the defenses enumerated in subsection B of this section do not apply.
E. Officer Investigation: A citation for violation of subsection A of this section may be issued by a police officer if he reasonably believes that a violation has occurred only after investigation and, based on any response and other circumstances, none of the defenses enumerated in subsection B of this section apply. (Ord. 2004-15, 4-27-2004)