A. It shall be unlawful for any person over the age of seven (7) years and under the age of eighteen (18) years, or for any person registered in any grades 1 through 12 and who is enrolled in any public, private or parochial school, to be present in any public place, building, street, or assembly in the city, other than school, while school is in session during the regular school term, unless he or she is:
1. Traveling to or from school by the most direct route;
2. Accompanied by a parent, legal guardian, or school official;
3. Engaged in approved school related activities;
4. Engaged in lawful employment, provided that the school board of the public school district in which the child resides has recommended the employment and has certified the facts concerning such employment;
5. Physically or mentally unable to attend school and such disability has been certified in accordance with section 5/26-1(2) of the Illinois school code 1 ; or
6. Otherwise absent from school for valid cause. "Valid cause" shall be defined as illness, observance of a religious holiday, death in the immediate family, family emergency, such other situation beyond the control of the student as determined by the board of education, or such other circumstances which cause reasonable concern to the parent or legal guardian for the safety or health of the student.
B. Any police officer who witnesses a person whom the officer reasonably believes to be in violation of this section may stop and detain the person for the purpose of verifying the person's identity, age, school enrollment and authority to be absent from school. The police officer shall immediately inform the person of the reason for the detention and that he or she will be released upon verification of authorization to be absent from school. Other than to transport the student to school or to his/her parent or legal guardian, the person shall not be removed from the scene of the investigatory stop unless he or she refuses to provide the officer with the necessary information. If the officer determines that the person is in violation of this section, he shall, if practical, transport the offender to school authorities or to the child's parent or legal guardian. In addition to any citation that may be issued to the student, the officer shall also notify the parent or legal guardian in writing of the offense.
C. Any parent or legal guardian or other person having custody or control of a student subject to the provisions of this section and who knowingly or wilfully permits such child to violate the provisions of this section or any parent or legal guardian having custody or control of a student who fails to take reasonable steps to ensure compliance by the student with this section shall be fined in an amount not less than twenty five dollars ($25.00) nor more than seven hundred fifty dollars ($750.00) for a first offense; not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for a second offense; and not less than two hundred fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00) for a third or subsequent offense within a school year. A rebuttable presumption shall exist that a parent or legal guardian or other person having custody or control of a student has failed to take reasonable steps to ensure compliance with this section, upon such student committing a third or subsequent violation within the school year, following the parent or legal guardian or such other person having received two (2) written notices of a violation of this section. The foregoing presumption may be overcome by clear and convincing evidence to the contrary. (Ord. O-04-2006, 3-6-2006)
Notes
| 1 | 1. 105 ILCS 5/26-1. |