(A) Unlawful: It shall be unlawful for a person less than seventeen (17) years of age to be present at or upon any public assembly, building, place, street or highway at the following times unless accompanied and supervised by a parent, legal guardian or other responsible companion at least eighteen (18) years of age approved by a parent or legal guardian or unless engaged in a business or occupation which the laws of this state authorize a person less than seventeen (17) years of age to perform:
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;
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) Violation: It is unlawful for a parent, legal guardian or other person to knowingly permit a person in his custody or control to violate subsection (A) of this section.
(C) Exemption: No child shall be guilty of this offense if involved in, going to or coming from an activity involving the exercise of the child's rights protected under the first amendment to the United States constitution or article 1, sections 2, 4 and 5 of the constitution of the state of Illinois, or both.
(D) Enforcement: Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (C) of this section is present. (Ord. 636, 8-6-2007)
(E) Penalty: Any person who violates any provision of this section is guilty of a petty offense and shall be fined in accordance with the city of Momence approved fine list found in section 1-4-1 of this code. (Ord. 678, 4-19-2010)